According to the lawsuit, in addition to mimicking Kind’s products in its choice of flavour names, ingredient combinations and product features, the new Mojo packaging copies several key elements of Kind’s distinctive trade dress.
A few of those key elements include the rectangular transparent window on the front panel that reveals a large portion of the bar itself, a horizontal stripe along the front of the packaging calling out the flavour name and description of the product line (eg Fruit & Nut), two vertical colour stripes at both ends of the bar, and a bulleted list of key health attributes set against a black background.
As stated in the lawsuit, the new Mojo trade dress reflects a new and dramatic leap over the line in what appears to have been a calculated progression of incremental changes, designed each time to get closer and closer to the trade dress of Kind bars and farther and farther from the package design elements that would associate the product with the Clif brand.
“Clif is a longstanding and well-respected competitor in the nutritional bar marketplace, which makes this imminent release of a copycat product particularly disappointing,” said Daniel Lubetzky, Kind founder and CEO.
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