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Pepperidge Farm Sues Trader Joe's For Trademark Infringement Claiming Grocery Chain's Crispy Cookies Look Too Much Like Milanos

Dec 07, 2015 01:23 AM EST | By Jean-Claude Arnobit

Pepperidge Farm, a commercial bakery in the U.S. and a division of Campbell Soup, has sued Trader Joe's for trademark infringement, according to a report from USA Today. Pepperidge Farm's lawsuit reportedly claims Trader Joe's Crispy Cookies too closely resemble the company's Milano cookies both in look and package design. 

USA Today said that a complaint filed on Wednesday, December 2, 2015, in Connecticut federal district court, shows that Pepperidge Farm accused Trader Joe's of deceptive marketing.

The company also accused Trader Joe's of diluting the value of Milano cookies with its Crispy Cookies product.

USA Today adds that Pepperidge Farm said in the complaint that "Trader Joe's has willfully sought to trade" on the company's "reputation and the reputation of the Milano cookies."

Pepperidge Farm is asking that Trader Joe's to be prohibited from selling the Crispy Cookies and is seeking damages.

USA Today adds that the document shows Pepperidge Farm first informed Trader Joe's of the potential trademark infringement in August.

A spokeswoman from Pepperidge Farm told Reuters that they put value in the trust they have with their customers.

"The trust Pepperidge Farm has built with consumers is of utmost importance to us," the spokeswoman said.

Reuters adds that Pepperidge Farm said Trader Joe's Crispy Cookies was more rectangular than its Milano cookies.

But Trader Joe's cookies also have round edges, "mimicking an overall oval shape."

Reuters said that Pepperidge Farm's Milano cookies were launched in 1956 and consist of chocolate fillings, and sometimes other flavors, that is sandwiched between two oval-shaped cookies.

The company registered a trademark for the cookie in 2010.

USA Today adds that Pepperidge Farm said the company was able to generate "hundreds of millions of dollars" in sales of Milano cookies in the last ten years.

Reuters said that Alison Mochizuki, a spokeswoman for Trader Joe's, told them that the company does not discuss pending litigation.

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