Nestlé takes on competitor over Hot Pockets TM
Switzerland-based Nestlé has filed a complaint against a competitor for allegedly infringing its ‘ Hot Pockets’ and ‘ Lean Pockets’ trademarks.
Nestlé filed the complaint against New York-based company Gigi Anthony at the US District Court for the Northern District of Ohio, Eastern Division, on Thursday, September 13.
According to Nestlé, Gigi Anthony has been selling and promoting “filled-sandwich products” under the ‘Pizza Pocket’, ‘Pizza Pockets’ and ‘Russo’s Gluten Free Pizza Pockets’ marks.
Nestlé sells its own hot filled-sandwich products, with a variety of fillings including pizza, under the trademarks ‘Hot Pockets’ and ‘Lean Pockets’.
‘Hot Pockets’ is registered at the US Patent and Trademark Office (USPTO) under registration number 2,151,684, while ‘Lean Pockets’ is registered under numbers 3,867,701 and 3,805,800.
In its claim, Nestlé said that it has promoted its ‘Pockets’ trademarks for more than 30 years in connection with frozen and pre-cooked sandwiches.
More than a billion dollars has been spent on advertising and promoting these marks through different types of media, said Nestlé, adding that as a result of this extensive marketing, ‘Hot Pockets’ and ‘Lean Pockets’ have become household names.
“Without Nestlé’s authorisation or approval, defendant has been offering, selling, and promoting filled-sandwich products under the ‘Pizza Pockets’ marks,” alleged Nestlé.
According to the complaint, Gigi Anthony filed to register the mark ‘Pizza Pocket’ at the USPTO in 2016. However, this application has since been abandoned, although the mark is still allegedly being used.
Nestlé added that it had previously sent cease-and-desist letters to Gigi Anthony in August 2017 and in March 2018.
“Fully aware of Nestlé’s rights, defendant has acted knowingly, wilfully, in reckless disregard of those rights, and in bad faith,” said the claim. It added that Gigi Anthony’s use of the marks is likely to damage and “irreparably injure” the Switzerland-based company’s trademarks.
Nestlé is seeking damages and a permanent injunction which would prevent Gigi Anthony from using the ‘Pizza Pockets’ marks in any form.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
Today's top stories
Canada’s Supreme Court sides with ISP in copyright dispute
Already registered?
Login to your account
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk