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Krispy Can't Kreme Itself

Posted Apr 20th 2008 3:24PM by TMZ Staff

Do not adjust your set: A company that makes a fruit smoothie called "Caribbean Creme" is actually suing Krispy Kreme doughnuts because they're afraid people will confuse "Caribbean Creme" with "Caribbean Kreme," a fruit-filled doughnut and drink that the KK sells. What a difference a "K" makes!
Krispy Kreme: Click to view docs

The best part? The legal megilla is being waged in the island paradise of St. Louis. As in Missouri.

Krispy Kreme's legal team couldn't be reached for comment. Billy Ocean -- creator of "Caribbean Queen" -- has not been heard from since 1986 and also couldn't be reached for comment.

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1. Beware.....high carb posting!

Posted at 4:10PM on Apr 20th 2008 by Kelli

2. every one always wants to sue someone, who cares know one will buy the crap anyway.

Posted at 4:20PM on Apr 20th 2008 by sandykay

3. Whoopde Whoop !

Posted at 4:26PM on Apr 20th 2008 by D

4. I read this and it went straight to my hips.

Does anyone use anything but cutesy spellings for products these days? Cream is cream. Not Creme, or Kreme. Perhaps then they're afraid a hundred dairies will sue them. If they want to get creamed with legal bills, it's their choice. Nuisance suit.

Posted at 4:27PM on Apr 20th 2008 by Flames Fan.

5. I doubt Caribbean Creme will win. Who would confuse a smoothie with a donut? That's like a restaurant with a "Big Burger" suing MacDonald's because people might confuse it with the "Big Mac".

Hey, Kelli. We only need one more game for the sweep but at least this one was exciting. Thought Texas was going to win until the bottom of the 8th.

Go Sox

Posted at 4:28PM on Apr 20th 2008 by Baseball Junkie

6. "I read this and it went straight to my hips"
^^^^^
LOL@#4, i actually laughed out loud reading that line =D

Posted at 4:37PM on Apr 20th 2008 by Nick

7. testing

Posted at 4:41PM on Apr 20th 2008 by FlBiker

8. Krispy Kreme hot outta the grease, YUMM

Posted at 4:42PM on Apr 20th 2008 by FlBiker

9. FlBiker, watch the love handles....

Posted at 5:05PM on Apr 20th 2008 by Kelli

10. Nobdy, but nobody, would mistake a 99% FAT FREE Caribbean Creme with ANY Krispy Kreme. How bout 2 or 3 Krispy Kremes washed down (to our butt!) with a Caribbean Creme.

Posted at 5:05PM on Apr 20th 2008 by Get Real!

11. Stiffed from a nice, fat gig writing for Playboy, he had to content himself with writing headlines for TMZ...

Posted at 5:11PM on Apr 20th 2008 by Mi-doll

12. The suit sounds stupid but they're right regarding the confusion factor. Some people are just out of tune idiots.

Posted at 5:40PM on Apr 20th 2008 by Mello

13. CHORUS:
Caribbean Kreme...
Now we're sharing the same dream
And our hearts they beat as one
No more love on the run

Posted at 5:45PM on Apr 20th 2008 by tmz fan

14. I can't tell you how appreciative I am that TMZ broke this news....they're trying hard for the Pulitzer.

Posted at 6:34PM on Apr 20th 2008 by TBA

15. This "suit" will go nowhere and the lawyers involved know this. They are milking the plaintiff for fees. First of all, Plaintiff would only have grounds for an Infringement suit IF the other company were using the name ( or a variation of the name ) "Caribbean Cream" in the same category ....ie: another smoothie company. However, since it is a completely different product line ( DoNuts vs. Smoothie drink ) there is no grounds for unfair competition and the name can be used. Example: Ford Thunderbird - sports teams or schools who use the name "Thunderbird" - the "Thunderbird" Air Force flyers. They all use the same name LEGALLY because they are different categories, do not pose unfair competition or confusion to the public and are granted their own trademark. If both litigants were making smoothies or DoNuts and used the same name, there would be grounds. However, this is not the case and it is a total waste of money. The only people who win are the lawyers, who are chalking up their fees and laughing all the way to the bank.

Posted at 8:31PM on Apr 20th 2008 by Michele

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