Nestlé takes on competitor over Hot Pockets TM

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.

More than a billion dollars has been spent on advertising and promoting these marks through different types of media, said Nestlé, adding that as a result of this extensive marketing, ‘Hot Pockets’ and ‘Lean Pockets’ have become household names.

“Without Nestlé’s authorisation or approval, defendant has been offering, selling, and promoting filled-sandwich products under the ‘Pizza Pockets’ marks,” alleged Nestlé.

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 added that it had previously sent cease-and-desist letters to Gigi Anthony in August 2017 and in March 2018.

“Fully aware of Nestlé’s rights, defendant has acted knowingly, wilfully, in reckless disregard of those rights, and in bad faith,” said the claim. It added that Gigi Anthony’s use of the marks is likely to damage and “irreparably injure” the Switzerland-based company’s trademarks.

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