Dive Summary:
- A federal judge decided in Kraft’s favor Monday, ordering an injunction against Cracker Barrel in Kraft's ongoing infringement suit. The decision means Cracker Barrel Old Country Store cannot sell packaged meats and other food products, which Kraft argues may be confused with its own Cracker Barrel cheese, in grocery stores.
- Cracker Barrel had argued that an outside market research expert study showed only 7% of customers would wrongly associate the two meat and cheese brands, but Kraft argued its own study showed that number was closer to 25%.
- Paul Kruse, a Nashville property attorney, told The Tennessean Cracker Barrel can appeal the decision, hoping to win that argument, win at trial, drop or change its retail plans plans or reach a deal with Kraft.
From the article:
... The court finds that Kraft is likely to prevail on the merits of its trademark infringement and unfair competition claims,” the order said. “Kraft need only show a ‘better than negligible’ chance of success on the merits, and has more than sufficiently carried this burden. ...
