The company said its trademark was being infringed upon by Trader’s selling the cookie that is strikingly similar to the Milano cookies made by Pepperidge Farms.
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As first reported by Reuters, Pepperidge Farm claims Trader Joe’s is confusing shoppers with its Trader Joe’s Crispy Cookies, and is seeking to block sales and get unspecified damages. Pepperidge Farm says it has generated “hundreds of millions of dollars” in Milano cookie sales in the last ten years. The complaint acknowledges that Trader Joe’s Crispy Cookies are more of a rectangle, but notes they have rounded edges that make them at least oval-ish and come in similar packaging.
A spokeswoman from Pepperidge Farm told Reuters that they put value in the trust they have with their customers.
While Alison Mochizuki, a Trader Joe’s spokeswoman denied to speak about any pending litigation, a spokeswoman for Pepperidge Farm said, “The trust Pepperidge Farm has built with consumers is of utmost importance to us”.
Trader Joe’s says its cookies in question are filled with a Belgian chocolate.
Pepperidge Farm is based in Norwalk, Conn., as a subsidiary of Camden, N.J.-based Campbell Soup (NYSE: CPB).
Pepperidge Farms claims that there is substantial evidence which shows consumers are routinely confused between the two products.
The complaint referred to Trader Joe’s acts as “malicious and calculated to injure” their company. The filling is pressed between a couple of cookies shaped like ovals.
Trader Joe’s boasts of 457 stores around the USA, most of which are based in its home state California. The chain already offers a vast lineup of cookies.
Interestingly it is unlikely that the maker of Milano cookies is concerned with nutritional value or the calorie count of the Crispy cookies.
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In addition to issues with the cookies themselves, the company also argues that the packaging is too similar.
