A clash over chocolate-filled cookies has concluded in Trader Joe's settling a court case filed by Pepperidge Farm. This is after Trader Joe's has been accused of deception, mimicry, and malice over the chocolate treat's shape and packaging.
According to Boston, Norwalk, Connecticut-based Pepperidge Farm filed a federal court case in Hartford in December against Trader Joe's. Pepperidge Farm stated that Trader Joe's Crispy Cookies containing Belgian chocolate too closely bear resemblance with Pepperidge Farm's Milano brand.
However, a judge dismissed the court case on March 9 after Pepperidge Farm filed notice that it was not pulling out the lawsuit filed against Trader Joe's. A New York City lawyer who represents Pepperidge Farm, Ira J. Levy, also claimed that the companies reached a "mutually satisfactory resolution" on Wednesday, ABC NEWS reported.
The federal court proceeding filed by Pepperidge Farm in the U.S. District Court in Hartford alleged Trader Joe's of retailing Crispy Cookies. Pepperidge Farm referred to these Crispy Cookies as the "infringement product."
The composition of Trader Joe's cookie closely resembled the Milano cookie's unique oval shape. Pepper Farm said that it is "instantly recognizable." The cookie company also claimed that Milano has been a part of pop culture and on TV shows like "Frasier," "Will and Grace," and "Seinfeld."
Trader Joe's product was "designed to trade on the Milano cookie's goodwill and reputation," Pepperidge Farm claimed in its lawsuit. Courant mentioned that the cookie company also added that Trader Joe's "furthered its deception" by selling its product using the packaging which is very similar with the Milano cookie.
Moreover, Pepperidge Farm also accused Trader Joe's of copying its cookie in a fluted paper tray, which is similar to Milano's cookie's packaging. But Trader Joe's product is sold in plastic tray instead. Pepperidge even backed its accusations with a photo.
Meanwhile, a spokeswoman for Monrovia, California-based Trader Joe's refused to comment on the agreement on Wednesday. However, the court case asked for undisclosed damages and it also sought a ban for future sales of the Trader Joe's Crispy Cookies.
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