King’s Hawaiian reached a settlement last week regarding a packaging infringement suit with another baking company.
King’s Hawaiian, which has its primary place of operations in Oakwood, closed the case out with Alpha Baking Company on Thursday in U.S. District Court of Georgia.
The issue surrounded the orange packaging and clear window to the rolls, which King’s Hawaiian in its complaint believed was “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.
John Linehan, King’s Hawaiian executive vice president for strategy and business development, said the terms of the settlement are confidential but did say the company is satisfied with the outcome.
“All of the offending packaging for which we filed are either off the market now or will be removed from the market by April 15,” Linehan said.
The company reached a settlement with Aldi in January regarding a similar issue.
“We will go after any offensive packaging anytime, anywhere and at any cost,” Linehan said.