Two holders of a “cracker barrel” trademark have peaceably co-existed for years because they were used for different goods and services. Kraft Foods carved out cheeses, sold in grocery stores. Cracker Barrel Old Country Store represented restaurants and, well, simulated old country stores.
Cracker Barrel Old Country Store, Inc. then licensed the use of their name to a Smithfield Foods subsidiary to use on a line of meat products to be sold in grocery stores…presumably right next to the cheese section.
Kraft thought that move would “confuse” consumers, as did U.S. District Court Judge Robert W. Gettleman, who granted Kraft Food Group, Inc.’s request for a temporary injunction barring the Cracker Barrel Old Country Store branded food products from grocery stores across the U.S.
This is not for the faint of heart. Kraft was asked to post a $5M bond … in case the court ultimately finds granting the temporary injunction was wrong.