On p 362 Klein and St Clair present evidence indicating that some tobacco companies have allowed manufacturers of candy cigarettes (cigarette sweets) to use cigarette pack designs. Similar trademark infringement has been seen for many other products targeted at children. For example, the Tricked Squirt Cigarettes (shown here), which have a striking resemblance to Marlboro packaging, are intended for ages “5 and up.” Instructions on the package tell users how to fill the “cigarette pack” with water and how to squirt it “at your target.” The product was made in Hong Kong and distributed in 1999 by Air Host Inc (Memphis, Tennessee) to airport gift shops throughout the United States.
Whenever they are asked about this kind of trademark infringement, cigarette companies deny involvement in it and claim that they are aggressive in protecting their trademarks and copyrights. These companies, which spend hundreds of millions of dollars defending themselves in lawsuits, certainly have the means to protect their trademarks and to punish those who would dare to expropriate their valuable images and icons. Why, then, do so many companies fearlessly infringe on cigarette trademarks? Could it be that the cigarette makers' claims about protecting their copyrights don't hold water? 
Footnotes
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