In 1996, Hasbro blazed new trails in prevailing on its claim that a sexually explicit website’s use of the URL www.candyland.com diluted its trademark in the children’s game, Candy Land. Just ten years later, Hasbro is on the other side of the courtroom, defending its own license of the Candy Land mark to Toys ‘R Us for the store’s use in a candy section of its Times Square store. Spero Haritatos, who registered the mark “Candyland” in 1992 for use in connection with a candy store, claims the Toys ‘R Us use is infringing.

Just this week, the Northern District of New York ruled that the trademark infringement suit can continue, but that even if plaintiff prevails, it will be entitled to recover only counsel fees and costs, as there was no showing that Hasbro was trying to convince anyone that they were the source of plaintiff’s candy, or that there was actual confusion. Absent those elements, the court found that plaintiff is not entitled to damages.