Campbell Soup Company has filed suit against Chicken Soup for the Soul Publishing, LLC for “willful trademark and trade dress infringement, false designation of origin, trade dress dilution, deceptive acts and practices, and unfair competition.” These claims are all based on the contention that the Defendant is using “trade dress strikingly similar to Campbell Soup’s iconic script typeface and distinctive label lay-out for use in connection with the sale of food products ….” In particular, Campbell’s alleges that the defendant “directly copied the script ‘C’ and red coloring” from Campbell’s, along with the gold wave on the label. Prior to filing suit, Campbell’s complained to the defendant who changed the above-depicted label by substituting an orange / brown color for the red element of the design and made modest changes to the gold line and fonts for the letters C and S in the Chicken Soup for the Soul name. Those changes did not satisfy Campbell’s which filed suit on October 17, 2012.
Campbell’s claims will undoubtedly be helped by its numerous trademark registrations relating to its “iconic script typeface” in connection with soup, an example of which is shown below.
The case is pending in the U.S. District Court for New Jersey as See the full Complaint here.