In the Candy Aisle, a Trademark Fight is Underway Between Nerds and Dweebs

By Josh Gerben, Esq.

Published: September 3, 2025 Published: September 3, 2025

The Nerds have had enough of the Dweebs.

Earlier this week, the Ferrara Candy Company, the maker of Nerds Candy, filed a lawsuit accusing several companies of violating their trademarks by manufacturing and selling a candy called “Dweebs.”

Ferrara, which introduced Nerds in 1982, claims the brand has become a cultural mainstay with extensive sales, nearly $870 million in the U.S. alone in 2024, supported by more than $42 million in marketing that same year. The company also owns multiple federal trademark registrations, including for the distinctive irregular pebble design of the Nerds candy itself, as well as its iconic dual-color packaging split down the middle.

Trademarks Around the ‘NERDS’ Brand

wdt_ID	wdt_created_by	wdt_created_at	wdt_last_edited_by	wdt_last_edited_at	Trademark	Link
1						79428277
2					GUMMY CLUSTERS	97711409
3						98668965
4						98323705
5					BIG CHEWY NERDS	98668971
6						98734531
7						99236252
8						90203814
9						99153017
10						98668960
12						90200713
13						90203777
14						98308982
15						98308984
16						98308987
17						98668949
18					BABY NERDS	98656929
19						98679392
20						99276976
21						98679396
22						90203667
23					NERDS	98252904
24						98295291
25						98308978
26						98308989
27						98308992
28						98668963
29						99030769
30						98668952
31						98668957
32						90203686
33						90203710
34						90203864
35					NERDS ROPE	97711594
36						98919217
37						97713561
38						99276979
39						85910760
40						85858828
41						78307548
42						85849881
43					TINY, TANGY CRUNCHY CANDY	85849886
44					FOR THE LOVE OF NERDS	85746679
45						85862644
46					NERDS	75417121
47					TWIST & MIX	98668966

Chart last updated September 3, 2025.

The lawsuit names American Continental Ltd., American Fizz UK Ltd., Distribution Services LLC, Brad Armitage, and Reza Aghajanzadeh as defendants. According to Ferrara, the group began selling Dweebs candy abroad and eventually secured a U.S. trademark registration for the ‘DWEEBS’ name in July 2024.

Ferrara alleges the Dweebs brand has gone far beyond using a similar name, intentionally adopting packaging that closely mirrors Nerds. This packaging includes a dual-color scheme, cartoon characters resembling Nerds mascots, and a cloud-style logo. Retailers, the company claims, have even placed Nerds and Dweebs products together in gift boxes, heightening the chance consumers could mistake one for the other.

Example of Nerds and Dweebs Product Packaging

Ferrara says it first learned of the Dweebs’ presence in Europe in 2023 and attempted to resolve the matter by reaching out with demand letters. Ferrara claims the Defendants responded by expanding their distribution, including a recent entry into the U.S. market. The tipping point, Ferrara alleges, came when Dweebs announced plans to attend the 2024 Sweets & Snacks Expo in Indianapolis.

The complaint seeks a permanent injunction halting sales of Dweebs, cancellation of the Defendants’ trademark rights, damages (to be trebled for alleged willfulness), disgorgement of profits, and attorneys’ fees.

How is the case likely to be decided?

Based on the complaint, the names ‘NERDS’ and ‘DWEEBS’ do share a similarity. If the overlap had stopped there, I actually think the makers of Dweebs would have had a strong argument that the two brands could coexist. In fact, the USPTO registered the ‘DWEEBS’ mark in 2024 without Ferrara opposing it, a sign that the name alone may not have been overly problematic.

Example of Nerds and Dweebs Candy and Packaging

Here, I think the answer is yes, especially since the target consumers include children, who are even more likely to assume Dweebs are simply another flavor or spinoff of Nerds. That combination of name, packaging, and overall look creates a strong argument that consumers could be misled, which is exactly what trademark law is designed to prevent.

So, is the Dweebs name alone problematic? Probably not. But once you factor in the packaging and branding choices, Ferrara has a compelling case. If this dispute goes to trial, I believe the makers of Nerds stand a very good chance of winning.

So there you have it, in the ultimate fight between the Nerds and the Dweebs, the Nerds appear to have the upper hand.

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Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.