Eat’n Park Smiley Cookie Trademark Infringement Litigation

Eat’n Park, a restaurant company based east of Pittsburgh, Pennsylvania, filed a trademark infringement lawsuit in the United States District Court for Western Pennsylvania against Forget-Me-Knot Gifts alleging that Forget-Me-Knot sells a Smiley cookie that infringes Eat’n Park’s Smiley cookies.

Eat’n Park owns the trademark “Smiley” for “sugar cookie having raised design of a smiling face sold in restaurants for consumption on or off the premises.”  Eat’n Park has been selling its Smiley cookies under the trademark since 1987.

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