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The Curtiss Candy Company sued because of the way trademark law is written and enforced. Trademarks, unlike copyrights MUST be defended or they risk losing control of the mark through a process called "dilution". That is the reason aspiring writers are advised to use the generic term "tissue"; rather than "Kleenex®"

In this case "Babe Ruth" was judged to be close enough to "Baby Ruth" as to cause confusion in the minds of the public as to the origin of either product.

The Baby Ruth is named after the daughter of a US president. When her father was in office she was very popular and they named the Baby Ruth candy bar after her.

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