Trade dress at issue in Pepperidge Farm Milano cookie case
The shape of the Milano cookie is a recognizable signature[1] of the iconic Pepperidge Farms cookie variety. When Trader Joe’s contracted to produce its own branded version called “Crispy Cookies,” the two companies came to a fast settlement after a lawsuit was filed in federal court. Pepperidge Farms alleged trademark infringement, dilution, unfair competition, false designation of origin, and a laundry list of other claims. The strength of the public’s recognition of the cookie shape was key to the strong position of Pepperidge Farms. The court papers described the public viewing of the cookie in popular sitcoms such as Seinfeld, Frasier, and Will and Grace. Pepperidge Farm Inc. v Trader Joe’s Co. case no. 3:15-cv-01774 (US District Conn)
About Tracy Jong
Tracy Jong has been an attorney for more than 20 years, representing restaurants, bars, and craft beverage manufacturers in a wide array of legal matters. She is also a licensed patent attorney.
Her book Everything You Need To Know About Obtaining and Maintaining a New York Retail Liquor License: The Definitive Guide to Navigating the State Liquor Authority will be available next month on Amazon.com as a softcover and Kindle e-book.
Her legal column is available in The Equipped Brewer, a publication giving business advice, trends, and vendor reviews to help craft breweries, cideries, distilleries and wineries build brands and succeed financially.
She also maintains a website and blog with practical information on legal and business issues affecting the industry. Follow her, sign up for her free firm app or monthly newsletter.
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[1] U.S. Reg. No.3852499