The applicant, Unitop, sought a declaration and injunction against the respondent, Exclusive, alleging breach of a 2015 default judgment and trademark infringement/passing off.
Unitop claimed Exclusive's "ORIGINAL SESAME" product, with similar packaging and UPC codes, infringed on Unitop's "SESAME SNAPS" intellectual property.
The court found the 2015 default judgment ambiguous and not applicable to Unitop's new packaging design (adopted in 2020) or Exclusive's "ORIGINAL SESAME" product (introduced in 2021).
The court also determined that Unitop failed to prove valid and enforceable trademark or copyright rights in its new packaging design or establish the elements of passing off, particularly distinctiveness and confusion.
The application was dismissed.
