Dive Brief:
- Nestle SA has filed a lawsuit against Pervine Foods LLC, the manufacturer of Fit Crunch protein bars, which Nestle said are too similar in packaging to its own Nestle Crunch bars.
- "The striking similarities between the infringing marks and trade dress and Nestle’s Crunch trademarks and trade dress make it likely that Pervine’s bars will be mistaken for Nestle’s CRUNCH bars, or a low calorie or healthier version of the same," according to the lawsuit.
- Celebrity chef Robert Irvine, host of Food Network's "Restaurant: Impossible," launched Pervine Foods and Fit Crunch earlier in 2015.
Dive Insight:
Yet another major food or beverage company is engaging in a trademark dispute with a smaller competitor. Diageo and Sazerac both filed lawsuits last month regarding the likeness of competitors' branding to their own popular products, including Diageo's Captain Morgan rum and Sazerac's Fireball Cinnamon Whisky.
Larger companies could be becoming more weary of smaller companies encroaching through alleged piggybacked branding as these smaller companies eat away at the larger companies' sales and market share.
Diageo, for example, has struggled in North America as other startup spirits companies enter the industry.
Even Nestle, the largest food company in the world, has not been immune to the change of hands in the food and beverage industries, as some of its brands, such as Lean Cuisine, have lagged in sales.