Pepperidge Farm, maker of Milano® cookies, has filed a trademark
infringement lawsuit against Trader Joe’s Co. alleging the retailer’s
Crispy Cookies emulate the shape and configuration of Milano®
cookies. Pepperidge Farm, Inc. v. Trader Joe’s Co., No. 15-1774 (D. Conn., filed
December 2, 2015).

In addition to the similarity between the cookie products, Pepperidge
Farm alleges that the packaging of Crispy Cookies is similar as well.
Although Crispy Cookies packaging depicts the cookies in a fluted paper
tray—as Milano® cookies are sold—Trader Joe’s actually packages the
cookies in a plastic tray inside the external packaging. Pepperidge Farm
cites Google search results for “‘Trader Joe’s,’ ‘cookie’ and ‘Milano’” as
evidence that consumers have also noted the similarities between the two
products. Pepperidge Farm seeks declarations of infringement, permanent
injunctions, damages and attorney’s fees.

 

Issue 586

 

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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