Amy's Kitchen's Suit Against Imagine Foods Dismissed

Amy's Kitchen's Suit Against Imagine Foods Dismissed

PALO ALTO, Calif.--The U.S. District Court for Northern California dismissed Amy's Kitchen's suit against Imagine Foods for packaging infringement, according to a statement released by Imagine on Sept. 20. Amy's Kitchen, the plaintiff, initially sought a temporary restraining order prohibiting Imagine Foods from shipping, distributing or selling any Imagine Natural Stuffed Sandwich products in its new package. According to Amy's, Imagine used a package design and image that was proprietary to Amy's Kitchen. Amy's said it filed suit after retailers said the companies' packaging was very similar and confusing to customers.

In its statement, Imagine said it had been using a similar image in marketing and advertising years before Amy's had a product on the market. The courts may have agreed with Imagine; a request for a temporary restraining order was denied, and ultimately the court granted Imagine's motion for summary judgment and dismissing the case. "Amy's filed an unwarranted legal action against Imagine Foods and its associates... even though we have known them personally for a dozen years," Robert Nissenbaum, Imagine's founder and president, said in the release.

Amy's accepted the decision, but not without some misgivings. "We brought this to[Imagine's] attention, but they didn't want to talk about it or acknowledge it," said Andy Berliner, owner and president of Amy's. "[This decision] may be legal, but it is not very ethical." For more information, visit www.imaginefoods.com or call Amy's Kitchen at (707) 578-7188.