![]() Unfortunately, due to some legal quirks, trademark law doesn’t have an automatic safe harbor, like the DMCA or Section 230 of the CDA, protecting third party service providers from lawsuits over actions of their users.Popular kiddies’ treat Smarties is 75 today and is celebrating with a retro tube in a nod to its heritage.įrom this morning, the familiar blue background and bubble style logo have been replaced with the original brown background and simpler white writing in a tribute to the Thirties. ![]() In fact, my guess is that it’s not even Amazon doing the selling, but some of Amazon’s merchants who are actually fulfilling the market desire for the “real” Smarties. I can’t see how Amazon should be the one to be blamed here, though. And, for that Amazon is facing a lawsuit by Ce De Candy, claiming trademark infringement. However, it apparently has no interest in doing so in the US, so we’re left without the Smarties the rest of the world knows and loves.īut, yes, in this global world, with lots of immigrants and travelers, plenty of people in the US would like the other kind of Smarties, and found they could get their supply via Amazon. In other countries, Ce De Candy has rebranded its Smarties - such that, in Canada, they’re called Rockets. Apparently, the Ce De Candy company has obsessively kept the real Smarties out of the US for years (hence my ignorance of them). Of course, now we live in a global world, and the two types of Smarties are coming into conflict, with Amazon in the middle. The American kind of Smarties (the sugar pills) have been made by Ce De Candy since 1942. Those Smarties have been around since 1882. It turns out that in the rest of the world, there’s a totally different kind of Smarties, made by Nestlé, which appear to be something like M&Ms (honestly, I had no idea). ![]() I remember, as a kid, enjoying “Smarties” candies, which were basically hard pill-like tablets of pure sugar that were sold in rolls. ![]()
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