Isle cookie lawsuit
crumbles in court
When it comes to cookies, size, shape and design do not count under federal trademark protection law, a judge has ruled.
In a 37-page ruling issued Friday, U.S. District Judge Susan Mollway said the Big Island Candies' diagonally dipped shortbread cookie "is nothing more than a nondistinctive combination of a few basic, common design elements" and does not deserve legal protection.
If it is not protected, then others too can make a cookie like it, said William Meyer III, attorney for locally owned Cookie Corner, which was sued by Big Island Candies in July 2001 for trademark infringement for allegedly copying the design and packaging of its best-selling product.
"We're obviously pleased," said Meyer, who lauded the court's ruling as "common sense" and a vindication of basic baking rights.
Big Island Candies began selling its macadamia nut shortbread cookies in 1985. The chocolate-dipped cookies have become its best-selling product.
The lawsuit alleged that Cookie Corner's cookie is virtually identical to the Big Island Candies cookie -- from its size, rectangular shape with rounded corners and the manner in which it is dipped in chocolate to its packaging and labeling.
The suit accused Cookie Corner of profiting off Big Island Candies' "hard-earned good will, name recognition and reputation."
The cookies made by the two companies are almost identical, but the Cookie Corner cookie is slightly larger in size.
Iolani School classmates Angus McKibbin and James McArthur, who established Cookie Corner 22 years ago, said they have been dipping their shortbread cookies for 17 of those years and that their cookies and packaging are different.
In a statement yesterday, Big Island Candies President Allan Ikawa said they undertook legal action "only because we believed so strongly in the principle that anyone who creates a distinctive and highly successful product should be able to protect their hard-earned accomplishments from others who wish merely to capitalize on the innovation, hard work and financial investment of others."
But Meyer said Big Island Candies was not interested in competition from Cookie Corner.
"This was anti-competitive activity," he said.