GAINESVILLE, GA. — Eight days after reaching a settlement with grocer Aldi regarding a dispute about packaging, Torrance, Calif.-based King’s Hawaiian Holding Co., Inc. filed another lawsuit, this time against Chicago-based baker Alpha Baking Co.
The complaint was filed Jan. 19 in the U.S. District Court Northern District of Georgia Gainesville Division. At issue is Alpha Baking’s selling of sweet rolls in product packaging that King’s Hawaiian claims is “deceptively similar to the King’s Hawaiian Sweet Roll packaging trade dress.”
“(Alpha Baking’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 various stores across the United States, including Brookshire, Super 1 Foods, Bashas’ and Albertsons grocery stores, and at Costco Wholesale warehouses. King’s Hawaiian also claims Alpha Baking manufactured the sweet rolls sold at Aldi’s, and that the company developed and paid for the design of the packaging.
“(Alpha Baking) have placed the infringing sweet roll products into the stream of commerce, with knowledge or understanding that such products would be sold in the United States, including in this district,” King’s Hawaiian said.
King’s Hawaiian also said Alpha Baking has offered and sold S. Rosen’s sweet rolls in packaging it claims is “deceptively similar” to its King’s Hawaiian Sweet Roll packaging trade dress. The similarities include: the prominent use of the color orange; a clear window on the front of the package, with the color orange as the primary element around the clear window; within the area of the window, writing against a contrasting background; and, on the front of the packaging, no word appears in larger font than the word “Hawaiian.”
King’s Hawaiian seeks the cessation of the similar packaging and damages.A spokesperson for Alpha Baking said the company does not comment on any ongoing legal discussions.