GAINESVILLE, GA. — King’s Hawaiian Holding Company, Inc. on Jan. 11 said it has settled a lawsuit with Aldi, Inc. The lawsuit, which originally was filed Oct. 21, 2015, in the U.S. District Court Northern District of Georgia Gainesville Division, had alleged Aldi was guilty of trade dress infringement. Terms of the settlement were not disclosed.
In its lawsuit, King’s Hawaiian accused Aldi of selling sweet rolls “that intentionally and willfully employ product packaging that is confusingly similar to the distinctive packaging trade dress that King’s Hawaiian uses in connection with its King’s Hawaiian Original Hawaiian Sweet Rolls.”
King’s Hawaiian said the conduct was likely to cause consumers to be confused, deceived or mistaken into believing that there was a connection between King’s Hawaiian and Aldi. The company also indicated there likely was to be a dilution in the strength of King’s Hawaiian’s packaging as a result of Aldi’s actions.
Founded in Hilo, Hawaii, in 1950, King’s Hawaiian is a family-owned and operated business that makes Hawaiian products, including the original Hawaiian sweet dinner roll. The company operates baking facilities in Torrance and Oakwood, Ga. The company noted in the lawsuit that it has gone to great effort to preserve its image and identity, going so far as to develop distinctive packaging for use with its King’s Hawaiian original sweet dinner rolls. The company said it has used the packaging since at least the early 1980s.Aldi, which bills itself “the nation’s low-price grocery leader,” operates more than 1,400 U.S. grocery stores in 32 states.