Please keep the Cookie Monster away from the evidence. Yesterday, Pepperidge Farms filed a trademark infringement lawsuit claiming Trader Joe’s ripped of the look and packaging off its famous Milano cookie.

Since 1956, Pepperidge Farms has sold cookies branded with the MILANO trademark. Besides its name, the Milano is just as famous for the look of the cookie and its distinct packaging. The cookies consist of a thin layer of chocolate sandwiched between two biscuit cookies. Not only is the MILANO name protected as a registered trademark but the look of the cookie is as well. Over the last ten years, Pepperidge Farm has sold hundreds of millions of Milano cookies resulting in revenues in the hundreds of millions of dollars.

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Trader Joe’s is a chain of food stores that started distributing the “Trader Joe’s Crispy Cookies” that feature a configuration that very closely resembles the Milano. The cookie contains a chocolate filling sandwiched between two rounded rectangular cookies, mimicking an overall oval shape. The Crispy Cookies also come in a paper bag that looks similar to the Milano brand. Pepperidge Farm claims that the cookie, its overall look and design and packaging was made with the intent to confuse costumers between the two brands of cookies. Pepperidge Farms claims that there is evidence of consumers actually confusing the two products including 125,000 Google hits likening the Crispy Cookies to the Milano cookies.Pepperidge Farms has sued for trademark infringement and related causes of action. Pepperidge Farms seeks damages in an unspecified amount, its attorneys’ fees and wants the Crispy Cookies to no longer be sold. Go get your Crispy Cookies while you can because they might not have much longer of a shelf life.