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Takeaway: On August 18, 2017, The Wonderful Company, owner of the trademark “Get Crackin’,” and Wonderful Pistachios & Almonds LLC, a distributor of the Wonderful® brand of pistachio nuts, filed a suit against UTZ Quality Foods and Rice Investments and alleged that UTZ and Rice Investments were infringing on the “Get Crackin’” mark with their use of the mark, “Get Snacking!”

The mark “Get Crackin’” is a slogan that has been popularized by celebrities such as Khloe Kardashian and Snoop Dogg. (https://www.youtube.com/watch?v=GzHlkCI8y2Q) The Wonderful Company filed for its application in 2009 and obtained registration in 2010. The Wonderful Company was first made aware of UTZ’s use of the “Get Snacking!” mark in March 2017. (https://youtu.be/tboSulZzwxs). Consequently, the Wonderful Company sent a cease and desist letter to UTZ. However, the two companies could not come to an agreement about how to resolve the dispute.

According to the complaint, The Wonderful Company spent over $300 million for the marketing, promotions, and sales of its “Get Crackin’” mark and brand associated with the mark, resulting in it becoming the #1 selling nut-based snack product in the U.S. The Wonderful Company claims that because the two parties sell similar snack products, are marketed to the same demographics, and sold through the same channels, Defendant’s selling, marketing, and distributing of its UTZ products has caused irreparable harm because consumers would mistakenly think UTZ”s products were affiliated with The Wonderful Company.

The Wonderful Company alleged federal trademark infringement, violation of the Lanham Act Section 43(A), unfair competition under California Business & Professions Code Sec. 17200 et. seq., and unfair competition under California common law. The Wonderful Company claims that it is entitled to preliminary and permanent injunctions and asked the court to find the case exceptional and award attorney’s fees.