Eight days after reaching a settlement in a packaging dispute, King’s Hawaiian filed another lawsuit against a different baking company.
King’s Hawaiian reached a settlement with Aldi Jan. 11 out of court regarding a dispute about sweet roll packaging.
On Tuesday, King’s Hawaiian filed a new complaint against Alpha Baking Company in U.S. District Court of Georgia. King’s Hawaiian’s primary place of operation is in Oakwood.
“We believe our trade dress is quite distinctive and famous, and we have put together an excellent legal team to defend it,” said John Linehan, King’s Hawaiian executive vice president for strategy and business development. “We have invested a significant amount of time and resources, and it is our intent that this team will vigorously pursue any infringement to our trade dress any time it occurs in any location at any cost.”
In its lawsuit, King’s Hawaiian claims the sweet roll packaging is “confusingly similar.”
“(Alpha Baking Company’s) conduct is likely to cause consumers to be confused, deceived or mistaken into believing that there is an affiliation, connection or association between defendants and King’s Hawaiian, or that defendants’ products originate from or are sponsored by or approved by King’s Hawaiian,” according to the complaint.
The lawsuit claims the sweet rolls have been sold at Costco Wholesale warehouses, Super 1 Foods and other locations.
The issue centers around King’s Hawaiian’s orange packaging and clear window to the rolls.
King’s Hawaiian seeks the cessation of the similar packaging and damages.