Evergreen USA LLC is suing competitor AYC Naturals LLC in a trademark case over bite-sized waffle cones.
Evergreen sells “Just The Fun Part,” bite-sized waffle cones filled with Belgian chocolate, since October 2021. In April 2023, it learned that AYC sells a competing snack product —”Just The Tip” — utilizing what Evergreen alleged Thursday is confusingly similar trade dress to that of its product.
Evergreen alleges that several consumers have already expressed confusion between the brands, including in some cases presuming “that Evergreen has pivoted brand names in favor of one with a sexual connotation.”
AYC received two letters from …