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RetailTrader Joe's

Pepperidge Farm Withdraws its Lawsuit Against Trader Joe’s

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Michal Addady
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By
Michal Addady
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March 31, 2016, 5:52 PM ET
Campbell Soup Co. Products Ahead Of Earnings Figures
Campbell Soup Co. Pepperidge Farm brand Milano cookies are arranged for a photograph in Tiskilwa, Illinois, U.S., on Tuesday, Feb. 24, 2015. Campbell Soup Co. is scheduled to release second-quarter earnings on Feb. 25. Photographer: Daniel Acker/Bloomberg via Getty ImagesPhotograph by Daniel Acker—Bloomberg via Getty Images

Pepperidge Farm’s lawsuit against Trader Joe’s has been dismissed.

The Norwalk, Connecticut-based commercial bakery filed a lawsuit against Trader Joe’s in December, accusing the retailer of infringing on a trademark it had registered in 2010. Pepperidge Farm claimed that Trader Joe’s Crispy Cookies looked a little too much like its famous Milano cookies.

Milanos are essentially two oval-shaped cookies generally filled with chocolate. Though Trader Joe’s Crispy Cookies are more rectangular, the lawsuit claimed that since they have rounded edges they were “mimicking an oval shape.” Pepperidge Farm accused Trader Joe’s of imitating its packaging as well. The Campbell Soup (CPB) subsidiary was seeking compensatory and punitive damages, and requested that Trader Joe’s stop selling the cookies.

The Associated Press reports that Ira Levy, the lawyer representing Pepperidge Farm, said that the two entities have reached an agreement. Pepperidge Farm withdrew the lawsuit, and a judge dismissed the case on March 9.

It’s unclear what exactly the terms of the settlement are. When Fortune reached out to Pepperidge Farm, the company simply said, “We enforce and defend our valuable trademark rights and we want consumers to be sure of the source of their products. We have reached a mutually satisfactory resolution.”

Trader Joe’s could not immediately be reached for comment.

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