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A recent trademark dispute over the iconic Campbell’s Soup can design is apparently cooling off.

Less than a month after the Camden-based food giant filed a federal trademark dilution lawsuit accusing Yonkers-headquartered upstart Jane Foodie of copying its “famous and beloved” soup can, the parties resolved the case.

According to a resolution approved Dec. 24, 2024, by Judge Edward Kiel in Camden federal court, judgment was entered in favor of The Campbell’s Co. under the Federal Trademark Dilution Act and the action was dismissed.

As part of the order, Jane Foodie was immediately enjoined from ordering or producing products bearing the existing trade dress. The company must also:

• Remove all online images and content incorporating the trademarked design by Feb. 1
• Cease all sales of products with the design, destroy any remaining items with the mark and provide Campbell’s with confirmation it has done so by April 1

“The parties have conferred regarding the relief requested in Campbell’s complaint … and the parties agree that Jane Foodie’s existing trade dress dilutes the distinctive quality of Campbell’s marks and trade dress,” the order reads.

To “avoid potential further dilution of Campbell’s marks and trade dress,” the two companies came to terms on resolution regarding the claims, according to the order.

A media representative for Campbell’s told NJBIZ, “The matters have been resolved to the parties’ mutual satisfaction.” Jane Foodie did not provide a comment on the outcome.

Getting heated

When Campbell’s filed suit Dec. 6, 2024, in U.S. District Court for the District of New Jersey, the company asked that Jane Foodie be barred from using the design. It also pursued Jane Foodie’s profits from use of the cans, as well as other damages and legal expenses.

In the 15-page complaint, Campbell’s noted its legal protections for the trade dress date to 1905.

The label has remained largely unchanged since 1898, a year after John Dorrance invented the process of condensing soup and packaging it into smaller cans for Campbell’s, the complaint says.

Campbell’s claims to have invested billions of dollars and more than 125 years of work in building the reputation of its soup brand. It also continues to invest “significant resources” on advertising and marketing “to ensure ongoing success and fame,” the company said.

Within the past two years, Campbell’s spent more than $100 million promoting its soup. In the last decade, it dedicated more than a half billion to advertising and consumer marketing for Campbell’s Soup — in addition to millions more on promotional efforts, such as in-store sales, the company said.

Considered one of the most famous food brands in the U.S., Campbell’s Soup rates as America’s top trusted soup brand. Additionally, it boasts a nearly 100% awareness score among consumers, the lawsuit said.

“The Campbell’s Soup can is so famous and iconic that it has inspired some of America’s most significant works of art. Andy Warhol’s Campbell’s Soup Cans premiered in Los Angeles in 1962 and Warhol reprised the work in different color variations in 1965,” the complaint said. “The fame of the Campbell’s Soup can has only grown further over the ensuing decades.”

Boiling point

According to Campbell’s, Jane Foodie copied the famous design “to launch and promote its own competing line of canned soup and sauce products.”

Campbell’s claims the company mimicked key features of the trade dress – including the two-tone colors, circular design and text layout – to illegally capitalize on the goodwill and reputation associated with the trademarked design.

The company also pointed out that Jane Foodie’s sells its flash-frozen foods in a boilable pouch tucked inside of a can. Campbell’s believes the exterior packaging is “not necessary to the product” and “designed to evoke an association with the Campbell’s Soup can,” the suit said. It added that Jane Foodie could have “saved money and materials by skipping the cans altogether.”

Within the past two years, Campbell’s spent more than $100 million promoting its soup:

According to Campbell’s, Jane Foodie rejected an offer to settle the matter amicably and “responded with threats.”

The suit claims an unnamed individual at Jane Foodie responded saying, “Good luck in taking this to court as you will just increase the visibility of my brand.” They also allegedly told Campbell’s, “Let me know if you want to pursue because I will let the press know.”

“As the owner of a famous brand, Campbell’s is vigilant in enforcing its trademark rights against third parties who would infringe or dilute the Campbell’s Soup can and related marks,” the complaint said. “These efforts have been successful over many years and the Campbell’s Soup can remains one of the most distinctive and iconic food brands in the world.”

“Campbell’s values a fair and healthy marketplace with a variety of options for consumers. And it appreciates the challenges facing small entrepreneurs as they try to create products and marketing that distinguishes themselves in the market. But willfully imitating another company’s famous trade dress is not fair, lawful or equitable,” the suit said.

Have you heard?

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