In Hero Nutritionals LLC v. Nutraceutical Corp. et al., Central District of California Judge Andrew J. Guilford denied Nutraceutical Corp.’s motion for summary judgment, holding that there was enough of a dispute to keep alive Hero Nutritionals LLC’s trademark infringement and unfair competision claims against Nutraceutical. Hero sued Nutraceuticals for trademark infringement and unfair competition, claiming that Nutraceutical’s use of “Yummy Greens” to market bear-shaped vitamins wrongfully infringes Hero’s trademarks on “Yummi Bears” vitamins and free-rides on the substantial efforts and expenditures Hero invested to establish its reputation and goodwill through public recognition of the “Yummi” brand. Nutraceutical moved for summary judgment, arguing that consumer confusion as to the source of its products is highly unlikely and that it had been using the term “yummy” on chewable children’s supplements for 14 years with Hero’s acquiescence and without a single instance of actual confusion. In denying Nutraceuticals’ motion for summary judgment, the court held that although the court is not certain that consumers were likely to be confused as to the source of Nutraceuticals’ products, there still exist genuine issues of fact that should be settled at trial.