Mondelez to Ghost: Leave The ‘Kids’ Alone
Ghost has made recognizable candy brand collaborations a cornerstone of its successful business strategy, but its recent acquisition by Keurig Dr Pepper (KDP) has ruptured its relationship with Mondelez, from which it has licensed some of its most popular flavors.
In a trademark infringement suit filed this week, two Mondelez subsidiaries in Illinois are demanding Ghost stop marketing products featuring Sour Patch Kids, Chips Ahoy!, Swedish Fish, Oreo and other well-known trademarks, arguing that the energy drink brand violated a 2018 licensing agreement when it moved to KDP and transferred the licensing rights without required written approval.
The issue stems from the initial 2018 agreement between Ghost and Mondelez that granted the former rights to use certain trademarks in its sports nutrition mixes, protein powders and ready-to-drink products. In that contract, Ghost agreed to not assign any rights without written approval; no such approval was requested at any point, the suit claims, from when the KDP deal was announced in October 2024 to its closing on December 31, 2024.
At some point in January, per court documents, the CEO of Ghost contacted an employee at Mondelez asking the person to “maybe just send a couple sentence memo on letterhead” acknowledging the KDP partnership and “gives us at a minimum 26 [sic] at current terms so so we know Target isn’t going to launch and then disco within a few months?”
Shortly after Ghost’s $990 million sale to KDP was finalized, Mondelez claims it informed Ghost that the licensing agreement would end within three months of the transaction closing. KDP responded by attempting to amend the contract to allow for Ghost’s continued use of the trademarks in exchange for an upfront payment and revised terms, but negotiations did not produce a deal.
When Mondelez set April 17 as the end date for the licensing agreement, Ghost countered with a letter asking, for the first time, for approval of the transfer of rights to KDP. It also stated its intent to continue using the trademarks through April 30 and to continue selling products with those marks for a further 90 days. That sparked more failed contract amendment negotiations, and on April 21 Mondelez affirmed that the deal was over and Ghost was in violation.
However, Ghost continued to market products, the suit says, using Mondelez IP both online and in retail stores. As of today, Mondelez licensed products are still available for sale on Ghost’s website.
“Defendants’ use of the MDLZ Marks is likely to mislead, deceive, and confuse the purchasing public,” read the complaint. “It is likely that consumers will mistakenly believe that Defendants are connected, associated or in some way affiliated with Plaintiffs, when in fact no such connection or affiliation exists, especially because the MDLZ Licensing Agreement expired on April 17, 2025.”
Ghost produces products using licensed IP from Perfetti Van Melle (Bubblicious, Airheads) and Impact Confections (Warheads).
Ex-Celsius Exec Jailed for Insider Trading
Stephen George, a former VP and controller at Celsius, is set for over one year in prison after admitting in February to using confidential financial information for the purposes of insider trading.
Per the complaint in Florida federal court, George accessed Celsius’ enterprise resource planning system to create a consolidated income statement showing the company had exceeded expectations. Three days after resigning from Celsius in April 2023, he opened two brokerage accounts to buy 20,000 shares of stock and hundreds of call options, then sold his shares for $1.6 million following the publication of earnings.
George paid back the $1.6 million (plus over $200,000 in legal fees for Celsius) and admitted culpability in the scheme, both of which were considered mitigating factors in the former exec receiving a 13-month sentence rather than the more than two year bid recommended by government prosecutors.