Kraft Foods takes on packaging company in design patent case
US-based Kraft Foods Group Brands has taken on packaging company D6 Inc for allegedly infringing two of the food manufacturer’s design patents.
Kraft filed its complaint yesterday, September 12, at the US District Court for the District of Oregon.
The case involves Kraft’s US design patent numbers D798,738 and D780,599, both called “Package”. The IP protects the packaging for a line of Kraft’s protein-based snacks called Portable Protein Packs, or P3, introduced in 2014.
According to the claim, D6 has been using the designs on its own packaging without seeking permission from Kraft.
In July 2018, Kraft claimed, it sent a cease-and-desist letter to Edward Dominion, the president and CEO of D6. The letter notified D6 that its packaging was infringing Kraft’s design patents.
D6’s allegedly infringing packaging models are known as ‘3001’. Kraft’s complaint said that the ‘3001’ models are the “same or substantially the same” to its design patents.
However, Kraft alleged that D6 continued to manufacture and supply the ‘3001’ models to third parties after the letter was received.
“In addition, D6, with knowledge of the Kraft patents, has indirectly infringed the Kraft patents by, among other things, providing packages to third parties with the intent to induce third parties to violate one or more of the Kraft patents,” said the complaint.
The food manufacturer alleged that consumers would perceive the overall appearance of Kraft’s packaging and D6’s packaging as being substantially the same.
Kraft is requesting damages, a permanent injunction preventing D6 from infringing the patents, and a jury trial.
Kraft sells a range of brands popular in the US including Lunchables, Jell-O and Oscar Mayer. The food manufacturer said that it designs, develops and uses distinctive product packages as part of its strategy to distinguish its brands from other products.
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