HISTORIC ZOMBIES: First “Zombie” in Federal Court: Zombie Candy
The word “Zombie” first appears in the Federal Court opinions in 1957 wherein the Court states: “It is evident that there is no material difference, in a trademark sense, between the singular and plural forms of the word “Zombie” and they will therefore be regarded here as the same mark.”
Opposer’s record shows that in the fall of 1945 he [Delaunay] commenced the manufacture of a candylike confection in the nature of a macaroon without flour or shortening (FN2: The labels used prior to February of 1946 show “Mary Lee Zombies” and the statement of ingredients included cake flour.)
The record also shows continuous use of “Zombie” and “Zombies” by appellant, [Wilson] beginning in July 1948, as a trademark on a confection consisting of a chocolate cream candy dipped in chocolate and sprinkled with chocolate covered nut meat, chocolate chips, chocolate decorets or chocolate covered cocoanut.
The Court finds that there was evidence to support likelihood of confusion and that the original confectioner had been continuously using the mark.
And in 2010, from Motivation by Chocolate: