Trademark Law

Suit says Trader Joe's 'Crispy Cookies' are too much like the iconic 'Milano' brand

  •  
  •  
  •  
  •  
  • Print.

One cookie is oval. The other is rectangular, with rounded edges.

Both are filled with chocolate sandwiched between two thin white wafers, and come in packages with some similar design features. That’s no coincidence, contends Pepperidge Farm in a federal lawsuit against Trader Joe’s Co.

It says the grocery chain infringed on the trademark for the popular Milano cookies made by Pepperidge Farm, damaging the company’s goodwill and creating a likelihood of confusion, Reuters reports.

Filed last week in New Haven, Connecticut, the suit seeks a court order banning Trader Joe’s from selling Crispy Cookies, as well as compensatory and punitive damages.

A post on Trader Joe’s Fearless Flyer page describes its competing cookie and includes a photo of the package.

A company spokeswoman told Reuters that Trader Joe’s does not discuss pending litigation.

The Milano cookie dates back to the mid-1950s and was trademarked in 2010, Reuters says.

Hat tip: Palm Beach Post.

See also:

ABAJournal.com: “Longtime supplier sues Trader Joe’s over claimed peanut-butter-filled pretzel monopoly”

Give us feedback, share a story tip or update, or report an error.