What Could Cookies and Dresses Have in Common…? Trade Dress!
Picture this – you walk into a new bakery. The smells hit you from every direction. You see the different kinds of frosting oozing out of the glass case showing off all the new goodies. Where could you possibly be you might wonder… You’re at Crumbl Cookies! Crumbl is a new-ish national cookie franchise that sells its unique, freshly baked, rotating flavored cookies out of most big cities around the country. Emphasis on the *unique* part.
But, is it really unique? Crumbl discovered two cookie companies were trying to copy their packaging, logos, and rotating weekly ensemble of cookie flavors. As a result, Crumbl filed two lawsuits against two of its competitors, Dirty Dough and Crave Cookies in May of 2022, alleging trademark and trade dress infringement.
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