Mars sues Simmons over dog food label similarities

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Mars Petcare filed a suit alleges that Simmons Pet Food’s Signature manufacturers replicated the packaging of Pedigree pet food, which Mars said is the bestselling brand by earnings in the USA in 2020.

Mars Petcare filed a suit alleges that Simmons Pet Food’s Signature manufacturers replicated the packaging of Pedigree pet food, which Mars said is the bestselling brand by earnings in the USA in 2020. From the suit over pet food packaging, Mars considers that Simmons infringed on Pedigree’s trade apparel using precisely the same label colors and layout components on cans of Signature pet food.

“Rather than spend the time, resources, and money to make its distinctive trade dress, Defendant only helped itself to Mars’s famous trade dress,” Mars’ attorneys wrote in court documents filed at the U.S. District Court for the Eastern District of Virginia.

Mars claimed that customers could confuse one brand for another or think a link existed between both products. Mars’ attorneys pointed to Signature’s mostly yellowish background with a white round halo at the center of the tag, which Pedigree additionally features. Twist features an open-mouthed puppy’s head with its tongue sticking outside, adjoining to the right of this round halo, such as Pedigree. Additionally, around, a yellow bowl full of pet food on the base of the label positioned to the left of their puppy’s mind and touching the puppy’s neck looks both Pedigree and tiny labels. Furthermore, Signature’s packaging color schemes vary by number, using exactly the very same colors as the Pedigree types. As an example, Mars’ Pedigree Choice Cuts in Gravy Chicken and Rice Flavor packaging utilizes light blue highlights, as does Simmon’s Signature Gravy Cuts Adult Dog Food Chop Cuts with Chicken and Rice at Sauce.

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Around Mars Petcare and Simmons Pet Food

Following Petfood Industry’s Best Pet Food Companies Current Data, Mars Petcare is the world’s Top pet food firm. Its almost 50 pet food manufacturers comprise five high-street manufacturers. The business is increasingly seeking to increase its revenue streams. Mars Petcare also possesses the BluePearl series of crisis and specialty veterinary care practices and Banfield creature hospitals. Mars Petcare’s yearly earnings in 2019 have been US$18,085,000,000.

Simmons Pet Food is a North American private-label and contract manufacturer of dry and wet pet food and meaty snacks. The business creates both premium and value-focused offerings, providing top manufacturers and retailers with goods in many different formats, such as cans, cups, planters, and bathtubs. Simmons is a family-owned company in business for 70 decades and is based in Siloam Springs, Arkansas, USA. Simmons Pet Food functions three moist pet food manufacturing centers, a dry pet food center along a meaty treats manufacturing facility. These operations are located in the USA, such as northwest Arkansas, Kansas and New Jersey, and Ontario, Canada. Simmons Foods, Inc. & Affiliates possess Simmons Pet Food. Simmons’ yearly earnings in 2019 have been US$700,000,000.

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