Opponuts: Copyright Infringement or Not?

"Rusty Vandura - www.tinyurl.com/keepoppo" (rustyvandura) 12/04/2015 at 19:46 • Filed to: None

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!!! UNKNOWN CONTENT TYPE !!!

dogisbadob > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 19:51

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They probably don’t have enough to sue over. The shape is different. The taste is probably at least slightly different. They’re not using the Milano name or claiming any affiliation with Pepperidge Farm.

pjhusa > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 19:52

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Well, Trader Joe’s has their own “versions” of many, many products. So, probably not.

aberson Bresident of the FullyAssed Committe > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 19:52

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NO! I want all the food choices.

For Sweden > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 19:54

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If more cookies is wrong, I don’t want to live in a world with fewer cookies

Wobbles the Mind > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 19:59

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What we have is Trader Joe’s creating a product and packaging that looks more upscale, comes in a larger quantity, and markets a more “luxury” oriented style of chocolate. Pepperidge Farms is simply doing exactly what they need to do unless they want to sink the money into revamping the product and marketing for this line. Simply put, like cars, Pepperidge Farms rested too long on their laurels and allowed the competition to surpass them. Worst of all is that they obviously didn’t know about this until it hit the shelves.

scoob > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 20:04

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not for canada - australian in disguise > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 20:18

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That would be like if Coke sued the people who make off-brand cola. It’s a different cookie, just a similar type of cookie.

Rusty Vandura - www.tinyurl.com/keepoppo > Wobbles the Mind 12/04/2015 at 20:19

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A stark assessment. Totally makes sense, but I’d have never looked at it that way. What kind of work do you do?

Rusty Vandura - www.tinyurl.com/keepoppo > not for canada - australian in disguise 12/04/2015 at 20:20

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Good point. Looking at the two, and being a fan of TJ’s myself, I’d rather try the TJ cookie. And Belgian Chocolate sounds more elegant.

ttyymmnn > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 20:20

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Reverse engineering FTW. If their cheaper, I’ll try ‘em.

Wobbles the Mind > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 20:23

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I work for a company that sells premium meats and artisan cheeses to stores and delis. This is exactly the kind of stuff we do ourselves and lookout for while in stores.

Rusty Vandura - www.tinyurl.com/keepoppo > scoob 12/04/2015 at 20:24

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Rusty Vandura - www.tinyurl.com/keepoppo > Wobbles the Mind 12/04/2015 at 20:26

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And there ya’ have it. I teach 7th grade math and the most “artisan” food around is Red-hot Cheetos. Or Takis.

Rusty Vandura - www.tinyurl.com/keepoppo > Wobbles the Mind 12/04/2015 at 20:37

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Which is kind of stupid because PF is generating a bunch of publicity for the Trader Joe’s knock-off. I’m going to go and buy a bag; I’ve never tried them.

iSureWilll > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 21:28

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I hate Milanos.

But like was said already, the shape is “similar” but different enough you know the square end cookie is NOT a Milano. Packaging is again similar but not mistakeable for Milanos. They're good. Milanos is giving TJ some publicity.

Svend > Rusty Vandura - www.tinyurl.com/keepoppo 12/04/2015 at 23:06

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Where is the trademark infringement? The shape is different and name is different, surely they haven’t trademarked ‘Milano’ or something (though it is a U.S. firm so anything is possible), I’m going to guess the recipe is there own.

So basically another U.S. firm is acting like a spoilt brat screaming ‘but daddy. I came up with the two long thin biscuits with chocolate sandwiched between it’ (even though many countries have had there own form of it for centuries with ‘Milano’ being the name of a type of biscuit).

WTFMPL's mom drives a brown wagon. > Rusty Vandura - www.tinyurl.com/keepoppo 12/05/2015 at 15:05

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So Pepperidge Farm is sick of seeing Joe’s hand in the cookie jar?

As far as Trader Joe’s’ branding goes, it’s a less-severe case. Frankly given how prevalently generic brands “take cues” from the name brand products, I’m surprised PF would even bother. Trademark cases depend on whether the mark or branding (or substantially similar product) of a competing or related product is likely to cause confusion in the eyes of a reasonable consumer. For one, Trader Joe’s products are never sold in direct competition to PF’s products. They’re not even sold in the same store. It’s hard to imagine a customer being confused in TJ’s when 99%(ish) of the products they sell are TJ’s branded products. Call it a knock off, sure, but they don’t have a very strong case.

Technically though no, it’s not copyright infringement because a trademark infringement is what is in dispute. They are but two separate areas covered by IP law, with copyrights applying generally to media (such as music and film) and trademarks being about branding and name recognition.

baby godzilla > Rusty Vandura - www.tinyurl.com/keepoppo 12/05/2015 at 16:53

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Yeah, those look delicious. I don’t like Milanos much, so they aren’t losing my business.

whatever is convenient > Rusty Vandura - www.tinyurl.com/keepoppo 12/05/2015 at 17:26

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Those cookies are gross, I know that. I can’t see what they are suing over, though. I believe there are other Pepperidge Farm packages that the Trader Joe’s package more closely resembles. I don’t know. I haven’t bought cookies in a long time.