Nestlé takes on competitor over Hot Pockets TM

2018/09/20

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.

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 is seeking damages and a permanent injunction which would prevent Gigi Anthony from using the 'Pizza Pockets' marks in any form.

Source:WIPR