Do you want ‘Deez Nuts’ or ‘Dee’s Nuts’? The confusion is part of the problem, a company suing MrBeast’s food brand says in a lawsuit.

MrBeast, whose real name is Jimmy Donaldson, launched Feastables to sell chocolate in 2022.

Feastables

A nut company called Dee’s Nuts is suing YouTuber MrBeast’s candy brand Feastables.The company says Feastables is using a name that’s confusingly similar to¬†“Dee’s Nuts.”The name of one of Feastables’ product? Deez Nuts.

A peanut company is demanding that MrBeast‘s candy brand keep “Deez Nuts” out of its mouth.

When Brian Ditore founded flavored peanut company Dee’s Nuts more than a decade ago, he hoped to pay homage to his grandmother, Adeline D’amore, court documents say. “Her laughter and belief that life should not be taken too seriously inspired Brian A. Ditore to select a trademark that paid homage to her and her comedic flair, hence DEE’S NUTS was created.”

But the peanut company appears to find nothing funny about the famous YouTuber’s similar sense of humor.

On August 25, Dee’s Nuts filed a lawsuit against MrBeast’s Feastables, accusing the brand of trademark infringement by naming one of its chocolate flavors “Deez Nuts.”

Dee’s Nuts says in the lawsuit that the name is “confusingly similar and phonetically equivalent” to its own brand name. It’s seeking a jury trial and a preliminary and permanent injunction to stop Feastables from using the “Deez Nuts” name.

According to the court documents, Ditore, who calls himself “Head Nut Slinger” on his LinkedIn, trademarked “Dee’s Nuts” with the US Patent and Trademark Office in 2012.

Since then, the company has started selling its product via more than 100 wholesale distributors in 34 states, Dee’s Nuts’ attorneys wrote in the lawsuit.

In January 2022, MrBeast, whose real name is Jimmy Donaldson, founded Feastables, which sells a line of chocolate bars and other sweets.

“You’ll want to put Deez Nuts in your mouth,” the Feastables website says about the eponymous chocolate bar.

Feastables made over $10 million in sales by May 2022, Insider reported.

The peanut company states in the lawsuit that it first learned that Feastables was using the “Deez Nuts” name in February and promptly sent a cease-and-desist letter to Feastables’s attorneys.

According to Dee’s Nuts’ lawsuit, the attorneys responded that Feastables would continue using the name.

Dee’s Nuts says Feastables’ use of the name has caused confusion and “irreparable harm” to the company.

The lawsuit cites cases where looking for Dee’s Nuts products on retail websites such as Walmart.com with search terms like “dees nuts” or “deesnuts” might bring up suggestions in the search bar for Feastables’ chocolates.

Search suggestions on Walmart.com show MrBeast’s chocolate product when searching “dees nuts.”

Screenshot via Walmart.com

Actual results on Walmart.com when typing the terms above, displayed products by Dee’s Nuts, Insider found.

Actual results when searching “dees nuts” show Dee’s Nuts products.

Screenshot via Walmart.com

An attorney and spokesperson for Dee’s Nuts did not respond to a request for comment sent during the weekend.

Dee’s Nuts “has neither the online reach nor the resources necessary to counter the confusion being wrought by Defendant Feastables, Inc. and James Stephen Donaldson in their use of the DEEZ NUTZ mark,” the attorneys wrote.

One of the earliest instances of the phrase “deez nuts” was popularized by hip-hop artist and producer Dr. Dre after he released his first studio album, “The Chronic.” The sixth track on the album is called “Deeez Nuuuts.”

The phase re-entered the mainstream in recent years when it became an internet meme and after a 15-year-old Iowa teenager launched a 2016 presidential campaign under the name “Deez Nuts.”

An attorney for Feastables did not respond to a request for comment sent during the weekend.

Read the original article on Business Insider

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