ConAgra Foods Inc., the second-biggest U.S. food company, is to sue French company, Groupe Danone SA's Dannon to block it from using the name "Snack Pack" for its yoghurt containers, Bloomberg news reports.
ConAgra, owner of the Hunt's brand of pudding snacks, said it has been using the words "Snack Pack" for its single-serving packages of pudding and gelatin snacks since 1968. The company registered the name with the U.S. Patent and Trademark Office in 1973, ConAgra said in a federal lawsuit.
According to the US company Dannon infringes that trademark by selling ready-to-eat yogurt in single-serving containers under the names "Snack Packs," "Snap 'N Snack Packs" and "Dannon Snack Packs," the lawsuit said. Dannon says the words describe the six-pack of yoghurt.
The similarity in name and product are "likely to cause confusion, mistake or deception" and consumers could mistakenly think the yoghurt packs are connected with ConAgra, the suit contends.
ConAgra is hoping for a court order to block Dannon from selling any yoghurt with infringing names, as well as an award of any profits Dannon received from using the name "or any other derivation of the word 'snack' in direct association with the word 'pack."'
According to the newswire Dannon is in talks with ConAgra in an effort to settle the dispute.