Nabisco Sued Over Use of Trademark

A $15-million lawsuit has been filed against Nabisco Brands Inc. by a Santa Ana businessman who claims that the food concern is illegally using a trademark he coined and registered for a mint-flavored candy in 1968.

George C. Terzis, who does business as GT Marketing, contends that Nabisco is illegally using his “U.S. MINT” trademark in a new advertising campaign for Life Savers candies. He said that although his lawyer gave Nabisco notice to “cease and desist,” Life Savers ads bearing his trademark have appeared in recent weeks in magazines including People, TV Guide and Rolling Stone.

Coincidentally, Terzis said, he is about to launch a nationwide candy marketing campaign of his own using the U.S. MINT name. He said that he plans to market quarter-size, green, jelly-like candy wrapped in money bags through Candy Stripers Corp., a Santa Ana firm. He said that the firm, of which Terzis is a principal owner and chairman of the board, will distribute the candy to thousands of hospital gift shops, florists, drugstores and hotels.

Previously, Terzis said, he used the U.S. MINT name for hard peppermint candies that were sold primarily in Pittsburgh, Pa., West Virginia and Ohio.

Although Terzis’ lawsuit, seeking treble damages against Nabisco, was filed late Thursday in U.S. District Court in Santa Ana, by Friday afternoon Nabisco had not yet received a copy of it. Mel Grayson, Nabisco’s vice president of communications, said he didn’t know anything about the lawsuit and, in any case, he said it is against the company’s policy to comment on pending litigation.