STEPHANA OCNEANU , Pittsburgh Post-Gazette; Eat’n Park sends another cease-and-desist over Smiley Cookie branding
"Eat’n Park is set on protecting its iconic Smiley Cookies brand this holiday season.
Alleging trademark infringement, the Homestead-based restaurant chain has sent a cease and desist letter to McArthur’s Bakery in St. Louis for producing a similar smiling cookie business...
EPR Holdings, Inc., tied to the Eat’n Park Restaurants, registered the “Smiley” word trademark in 2007. The accompanying smiley face design used on its cookies and pancakes was registered two years prior. Eat’n Park has sold (and given away) the cookie since the mid 1980s.
“We are not seeking to profit from an agreement with McArthur’s Bakery or to stop their good work; we simply want to do what’s required by the law to uphold our trademarks,” a spokesperson for Eat’n Park told the Post-Gazette in an email...
Should the bakery continue to ignore communication from Eat’n Park, the situation may be taken to court, as has occurred in the past."
