Fight brews over smiley face cookies

by Josh Sosland
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PLANO, TEXAS — Crumb Corps. L.L.C., the owner of Cookies by Design, a chain of hand-decorated gourmet cookies, on Jan. 6 denied allegations of trademark infringement made by Eat’n Park. At issues is whether the Cookies by Design smiley face cookie violated intellectual property rights claimed by Eat’n Park, a Pennsylvania-based restaurant chain. Cookies by Design said it would vigorously fight the attempt to secure a restraining order preventing the company from selling its cookies. Cookies by Design said it has been selling and advertising cookies with smiling faces since 1983 and was not approached about the matter by Eat’n Park until 2009. “It is difficult to understand how someone can claim ownership of a simple smile,” said Gwen Wilhite, founder of Cookies by Design. A representative of Eat’n Park contacted by Milling & Baking News declined to comment on the matter.

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