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Is Campbell’s Soup ‘Packaging’ Still Um Um Good?
Campbell Soup Co. recently sued Chicken Soup for the Soul Publishing LLC for trademark infringement in a New Jersey federal court. Campbell alleges that the publishing company’s new line of soup comes in packaging that infringes on Campbell’s protected designs. According to the complaint, Chicken Soup for the Soul’s chicken noodle soup label consists of a red and white design with the colors separated by a gold wave, just like Campbell’s, and with the “C” in “Chicken” and “S” in “Soup” and “Soul” written in the same characteristic font as detailed in some of Campbell’s marks.
Trademark infringement is the unauthorized use of a party’s trademark or a confusingly similar trademark in the sale of goods. The standard for determining if a mark is infringing is whether it engenders a “likelihood of confusion” among consumers. Thus, if the court finds that Chicken Soup for the Soul’s packaging engenders a “likelihood of confusion” among consumers with Campbell’s packaging, Chicken Soup for the Soul will be liable for trademark infringement.
Give us a call and let us tell you how we can assist you with your trademark issue.
Almuhtada Smith, Esq.
Adli Law Group P.C.