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The Honolulu Advertiser

Posted on: Friday, June 6, 2003

Big Island firm to appeal ruling on dipped cookie

Advertiser Staff

Cookie maker Big Island Candies will appeal a federal judge's decision that the company's rectangular, chocolate-dipped shortbread cookies are not worthy of trademark protection.

The move is the latest in Big Island Candies' two-year-old lawsuit against local rival Cookie Corner, which Big Island Candies accuses of illegally copying its cookie and package design.

U.S. District Judge Susan Mollway this week ruled that Big Island Candies' cookies are too simple and generic to be eligible for "trade dress" protection, a form of trademark.

"We feel the court's ruling on the issue of product design has significant implications for all Hawai'i businesses, not just Big Island Candies," said Allan Ikawa, company president. "Consequently, we have decided to seek an appeal."

William Meyer III, a lawyer for Cookie Corner, said Mollway's ruling is a victory for his client, but he cautioned that the lawsuit is not complete.

Not only does Big Island Candies have the right to appeal to a higher court, but Mollway has not ruled on Big Island Candies' contention that Cookie Corner had copied its packaging.

Meyer said he soon would file a motion to dismiss that part of the lawsuit.