# Pepperidge Farm sues Trader Joe's over Milano cookie look-alike **URL:** \ **Category:** In My Humble Opinion\ **Created:** [December 6, 2015, 4:55pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623 "2015-12-06T16:55:45Z")\ **Posts on this page:** 18\ **Page:** 2
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [December 6, 2015, 9:24pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/21 "2015-12-06T21:24:10Z")
The more I look at the two versions, the more I think the “knock off” package was intentionally designed to NOT look the original version. Besides the fact both packages are bags and feature (mostly) 3 cookies, I’m not seeing any similarity of devious intent. ---
**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\ **Post date:** [December 6, 2015, 9:36pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/22 "2015-12-06T21:36:24Z")
Yeah, I’ve seen quite a lot of knock-off packaging - [here’s](http://i.dailymail.co.uk/i/pix/2014/05/02/article-2618116-18F5B48900000578-579_306x423.jpg) a particularly egregious example. The packages of cookies being discussed here are similar in shape, but almost nothing else is alike. ---
**Author:** ![koeeoaddi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/koeeoaddi/32/408_2.png) [@koeeoaddi](https://boards.straightdope.com/u/koeeoaddi)\ **Post date:** [December 6, 2015, 11:03pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/23 "2015-12-06T23:03:46Z")
> [@billfish678](#): > > What if the knock off was arguably a BETTER product? It is. 🙂 ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [December 7, 2015, 2:10am UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/24 "2015-12-07T02:10:27Z")
> [@Jake\_Jones](#): > > So, the packaging is part of the trademark, or it isn’t? Or are you saying that it is when it’s convenient for the plaintiff’s argument and irrelevant when inconvenient to the plaintiff’s argument? > > Look, I’m not a lawyer, but this is not the standard for manufactured food. There are store brands and even competitive national brand equivalents of tons of food products. Once out of the box, how can I tell the difference between Triscuits and [any other woven wheat cracker](https://www.aldi.us/en/grocery-home/aldi-fresh/eat-better-every-day/dietitian-detail/ps/p/savoritz-original-woven-wheat-baked-crackers/)? Somebody mentioned Pepperidge Farms Goldfish Crackers. Why haven’t they sued Stauffers? Because actual goldfish are tiny and actual whales are huge so they couldn’t be confused or because [Goldfish](http://www.pepperidgefarm.com/ProductLanding.aspx?catID=722) come in orange bags and [Whales](http://www.stauffers.com/whales-backed-snack-crackers.html) come in blue boxes? > > Speaking of cheddar cheese crackers, you think you could eyeball the difference between [Cheese-It ,Cheese Nips and Walmart brand Cheddar Cheese Baked Snack Crackers](http://myhalfassedkitchen.blogspot.com/2014/01/brand-wars-cheez-it-vs-cheese-nips.html)? Wow, I see a lot of similarity there between packaging and product appearance. > > You’re appealing to a standard that simply does not apply to manufactured food. It does apply. The trademark was registered, in court they’ll find out how broadly it can be applied. There’s really nothing controversial about a case like this. ---
**Author:** ![Green\_Bean](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/green_bean/32/1760_2.png) [@Green\_Bean](https://boards.straightdope.com/u/Green_Bean)\ **Post date:** [December 7, 2015, 2:34am UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/25 "2015-12-07T02:34:14Z")
I’m not seeing that the packaging is similar. Pepperidge Farm’s iconic packaging is a white paper bag with a gusseted bottom and a folded-over top. The TJ’s packaging looks like a flat plastic bag with a heat-sealed top and bottom. It’s not even white. Also, Milanos are oval, the TJ’s ones are rectangular. Unless there is some significant missing piece of info here, this is just silly. ---
**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\ **Post date:** [December 7, 2015, 5:43am UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/26 "2015-12-07T05:43:52Z")
> [@Jake\_Jones](#): > > Regardless of motivation, this doesn’t leave me with a favorable opinion of Pepperidge Farm. I agree that I’m not seeing the similarity but then what intellectual property lawsuits bakeries are involved in ranks about one-bajillionth on my list of considerations when picking out a cookie. ---
**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\ **Post date:** [December 7, 2015, 7:23am UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/27 "2015-12-07T07:23:03Z")
> [@Green\_Bean](#): > > I’m not seeing that the packaging is similar. > > Pepperidge Farm’s iconic packaging is a white paper bag with a gusseted bottom and a folded-over top. The TJ’s packaging looks like a flat plastic bag with a heat-sealed top and bottom. It’s not even white. > > Also, Milanos are oval, the TJ’s ones are rectangular. > > Unless there is some significant missing piece of info here, this is just silly. Yeah - here’s a page that has a side-by-side comparison of the two: > **[Pepperidge Farm Accusing Trader Joe’s Of Ripping Off Its Milano Cookie](https://consumerist.com/2015/12/04/pepperidge-farm-accusing-trader-joes-of-ripping-off-its-milano-cookie/)** > > Pepperidge Farm is calling out Trader Joe’s for allegedly being some kind of cookie monster, claiming in a new lawsuit that the grocery company is infringing on its trademark for selling a co… The ‘similarities’ are: [ol] [li]Approximately the same size pack[/li][li]Pack appears designed to stand up on a shelf with the sealed top acting as a sort of grab handle[/li][li]Both packs feature text fitted to a curve, near the top of the front face[/li][li](Ignoring the actual images and layout) The colour palette for both is sorta-similar (golden-yellows, brown, red)[/li][/ol] But: [ol] [li]So what? [/li][li]So are lots of things (ground coffee, pasta, dry dog food)[/li][li]Crikey, that’s a stretch[/li][li]The palette is largely based on the colour of the product[/li][/ol] I haven’t ever seen either of these products in real life, but I think the Trader Joe’s packaging is actually nicer. Could envy be the motivation here? ---
**Author:** ![sachertorte](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sachertorte/32/3727_2.png) [@sachertorte](https://boards.straightdope.com/u/sachertorte)\ **Post date:** [December 7, 2015, 3:49pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/28 "2015-12-07T15:49:33Z")
This is excellent advertising for Trader Joe’s and to a lesser extent Pepperidge Farm. Pretty much everyone knows about Milanos, but the TJ option is less known. Now more people will know about the TJ option. Good Job Pepperidge Farm! I want a cookie now. ---
**Author:** ![beagledave](https://avatars.discourse-cdn.com/v4/letter/b/6de8d8/32.png) [@beagledave](https://boards.straightdope.com/u/beagledave)\ **Post date:** [December 7, 2015, 4:32pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/29 "2015-12-07T16:32:49Z")
How can grocery stores sell their own version of Oreos/Hydrox? Do Oreos lack trademark protection? > **[Chocolate Sandwich Cookies | Taste Test](https://www.seriouseats.com/taste-test-chocolate-sandwich-cookies)** > > For the sake of accuracy and fairness, we're calling this piece the "Chocolate Sandwich Cookie" taste test. But that sounds pretty clunky. Around the office, we've been calling it the Oreo/"Oreo" taste test, or the Oreo/Faux-reo. You know what we're... ---
**Author:** ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)\ **Post date:** [December 7, 2015, 5:26pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/30 "2015-12-07T17:26:53Z")
Please correct me if I’m wrong, but my understanding is that you can’t copyright a recipe. So, if Trader Joe’s wants to make a knockoff of Pepperidge Farm Milano’s, then they are within their rights to do so. And as others have mentioned, both the cookies and the package only sort of resemble Pepperidge Farm’s. BTW, I’ll definitely be looking for TJ’s Crispy Cookies. I’d never heard of them before Pepperidge Farm bitched 😛 ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [December 7, 2015, 5:55pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/31 "2015-12-07T17:55:01Z")
> [@Diceman](#): > > Please correct me if I’m wrong, but my understanding is that you can’t copyright a recipe. So, if Trader Joe’s wants to make a knockoff of Pepperidge Farm Milano’s, then they are within their rights to do so. And as others have mentioned, both the cookies and the package only sort of resemble Pepperidge Farm’s. > > BTW, I’ll definitely be looking for TJ’s Crispy Cookies. I’d never heard of them before Pepperidge Farm bitched 😛 Recipes can’t be trademarked, but they can be patented if they are novel enough. I’m sure Milano cookies aren’t sufficiently novel to be patented, but the trademark could apply to the packaging, graphics, and/or the design of the cookie itself. Whether or not the trademark is being infringed will get determined in court. There is certainly some way that Trader Joe’s could sell cookies with a different enough shape and package that wouldn’t infringe Pepperidge Farm’s trademark. Should a company be able to sell Relax watches that look similar to but slightly different from a Rolex? ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [December 7, 2015, 6:45pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/32 "2015-12-07T18:45:26Z")
A cookie shape certainly _could_ be trademarked. If someone else tried making E. L. Fudge cookies, for instance, I’m sure Keebler would have a strong case against them. But here we’re talking about shapes far too simple to be distinctive, and they’re not even the same shape. Which is not to say that Pepperidge Farms _can’t_ sue over this. Obviously, they can. But they’re going to lose, probably very quickly and decisively. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [December 9, 2015, 3:14pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/33 "2015-12-09T15:14:38Z")
Not defending your trademarks and other intellectual property, can lead to weakening of its commercial value. If PF does nothing in this situation, it may lead to other competitors to go a bit further in copying their Milano cookie. The next interloper could point to the Trader Joe cookie and say that PF did nothing even with the similarities that existed, and theirs is not much different from Trader Joes. ---
**Author:** ![mistymage](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mistymage/32/459_2.png) [@mistymage](https://boards.straightdope.com/u/mistymage)\ **Post date:** [December 9, 2015, 5:56pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/34 "2015-12-09T17:56:50Z")
I keep having this play in my head every time I see the title to this thread: [Family Guy- Pepperidge Farm Remembers - YouTube](https://www.youtube.com/watch?v=r2QVjp4KEjU) ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [December 9, 2015, 6:07pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/35 "2015-12-09T18:07:24Z")
> [@Omar\_Little](#): > > Not defending your trademarks and other intellectual property, can lead to weakening of its commercial value. If PF does nothing in this situation, it may lead to other competitors to go a bit further in copying their Milano cookie. The next interloper could point to the Trader Joe cookie and say that PF did nothing even with the similarities that existed, and theirs is not much different from Trader Joes. That’s the standard line but they dont have a case here. The cookies are a different shape and the packaging isn’t remotely close enough for a reasonable person to see infringement. When they lose it’ll announce to the world that copying them is ok. Little companies with less deep pockets than Trader Joe’s can lean on the precedent set. Baaaad move. ---
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [December 9, 2015, 6:22pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/36 "2015-12-09T18:22:02Z")
But they don’t have to _win_. They just have to show that they \*tried \*to protect their trademark though legal action. Pepperidge Farm can certainly afford to lose some money in lawyer’s fees to lose a case but keep their trademark intact and, more importantly, defensible in future infringement lawsuits which may have more merit. ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [December 9, 2015, 11:42pm UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/37 "2015-12-09T23:42:28Z")
If Trader Joe’s had named its product “Romano” cookies, Pepperidge Farm might have a case. O the poor confused consumer! ---
**Author:** ![Green\_Bean](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/green_bean/32/1760_2.png) [@Green\_Bean](https://boards.straightdope.com/u/Green_Bean)\ **Post date:** [December 13, 2015, 6:45am UTC](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623/38 "2015-12-13T06:45:01Z")
I bought a package of lawsuit cookies today. The pictures do not lie. The package could not be mistaken for the Milano package. They’re not as good as Milanos, however. They lack that melt-in-your mouth wafer. But they’re pretty good. Just not Milano good. [Previous page](https://boards.straightdope.com/t/pepperidge-farm-sues-trader-joes-over-milano-cookie-look-alike/739623.md?page=1)