The Campbell’s Company based in the US, and most famous for their canned soup products, has just recently settled a case with a competitor in respect of the design of their soup can. Jane Foodie LLC based in Yonkers, New York, which is also a food manufacturer, was accused of copying.
Jane Foodie’s soup can also features contrasting colours on the top and bottom, a circular centre design, and the same placement of the brand name and soup flavour. In the lawsuit, Campbell’s alleged that Jane Foodie imitated the can “to garner attention by association with Campbell’s” and also asserts that the similarities in the cans “blur the distinctive quality of the Campbell Soup Can and decrease the value and hard-won reputation of the brand and mark.”
However, the parties were able to reach an agreement via an agreed order which was approved by Judge Edward Kiel. As part of the resolution, Jane Foodie must cease use of any advertising and marketing materials using the can design by 1 January 2025 (which has now passed), remove all online images and content using the can design by 1 February 2025, and cease all sales of products using the can design by 1 April 2025. The Federal Court issued the court order on Christmas Eve 2024, and the action has now been dismissed.
This shows the important lesson of having your own original artwork and brand ideas, and doing your market research to see what is already out there!
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
