In news that broke Friday—shattering the innocence of National Cookie Day—Pepperidge Farm is suing Trader Joe's over alleged cookie trademark infringement. Pepperidge Farm claims the grocery chain's Crispy Cookies are too similar to its Milano cookies, which it started selling in 1956 and registered a trademark for in 2010, Reuters reports. "Trader Joe’s has willfully sought to trade on Pepperidge Farm’s reputation and the reputation of the Milano cookies," USA Today quotes the complaint filed Wednesday in Connecticut. For those not in the know, Milano cookies are two oval-shaped cookies with layer of chocolate or some other flavor sandwiched in between. Pepperidge Farm claims it has made "hundreds of millions of dollars" on Milano cookies in the past decade alone and that Trader Joe's is "diluting the value" of the cookie.
Pepperidge Farm accuses Trader Joe's of intentionally confusing cookie buyers, and it's that violation of trust that hurts the most, Reuters reports. "The trust Pepperidge Farm has built with consumers is of utmost importance to us," a spokesperson says. 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. "The acts of Trader Joe's have been malicious and calculated to injure Pepperidge Farm," the complaint states. The company wants Trader Joe's to stop selling its copycat cookies and pay damages. According to USA Today, Pepperidge Farm first notified Trader Joe's of the potential trademark infringement in August. Remember when you swiped a popular cookie design from a litigious treat purveyor? Pepperidge Farm remembers. (Read more Trader Joe's stories.)