By Colin Harris
| May 23, 2011

Kraft Foods filed suit against Van Law Food Products in the U.S. District Court for the Southern District of New York on May 17, 2011.  In the Complaint, Kraft Foods alleges that the bottles sold by Van Law Food Products, including those sold under the Eating Right brand (pictured below) infringe six design patents held by Kraft Foods.

Eating Right Bottles (copied from Complaint)          Kraft Bottles (Figs. 2-4 of D568,164)



The design patents in suit are U.S. Patent Numbers D568,164, D569,733, D585,746, D585,747, D611,347, and D611,820.  Regarding the patented bottles, the Complaint states that “these designs are distinctive and appealing to the eye” and that “these designs are also particularly desirable and valuable when applied to plastic bottles used for containing and promoting liquid food product such as salad dressing.”

The complaint also alleges that the bottles of Van Law Food Products violate Kraft Foods’ trade dress and constitute unfair competition.

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