Depending on how the cookie crumbles, a Plano company may not be all smiles.
Eat’n Park, a Pennsylvania bakery and restaurant chain, says it has caught Plano-based Cookies by Design selling smiley-face cookies that it says are “confusingly similar” to its own.
And it’s suing.
Eat’n Park says it has a trademark from 1987 for the “sugar cookie having raised design of a smiling face.” In its lawsuit filed in a federal court in Pennsylvania on Dec. 31, the company asks that Cookies by Design stop selling its version of smiley cookies and pay an undisclosed amount of dough in damages.
A key ingredient of Eat’n Park’s case is the lawsuit’s Exhibit A, which shows a circle with two round eyes, a dot for a nose and a perky smile.
Here’s the Eat ‘n Park Smiley cookie
and here’s the Cookies by Design cookie:
At the beginning of the school year I usually send WifeGeeding and her team a cookie bouquet from a local store. I just looked up smiley faces on their website to see how close they could be to being sued.