MADISON, Wis. — A Wisconsin woman who won the first round of a trademark lawsuit brought by Mars Inc. is suing the confectionary giant.
Syovata Edari (see-oh-VAH’-tuh ah-DAHR’-ees) wants a federal judge to declare that her Madison-made chocolates, called CocoVaa, do not infringe on Mars’ cocoa extract supplements called CocoaVia. The Wisconsin State Journal reports Edari filed the lawsuit Wednesday.
Mars sued Edari in April, saying her chocolates sound “confusingly similar” to the company’s product. But a judge last month dismissed the lawsuit on jurisdictional grounds. The company filed the suit in Virginia, where it is based, but Edari does no business there.
Mars could refile the lawsuit in Wisconsin, so Edari took action first.
Mars released a statement calling it “a clear case of our trademark being infringed upon.”