Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc.

Federal 7th Circuit Court
Civil Court
Trademark Infringement
Case Number: 
No. 13-2559
Decision Date: 
November 14, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in granting plaintiff’s request for preliminary injunction in instant trademark infringement action under Lanham Act seeking to enjoin defendant-chain of low-price restaurants from marketing to grocery stores its food products under name “Cracker Barrel,” which is registered trademark of plaintiff’s cheese. Record supported plaintiff’s claim that many consumers would be confused as to source of defendant’s products due to similarity of instant logos, as well as similarity of low-costs packaged food items and channels of distribution if defendant was allowed to sell its products under Cracker Barrel logo. Moreover, plaintiff demonstrated that its costs could not be fully recouped during time it would take to prosecute claim where: (1) plaintiff’s likelihood of success on merits was substantial; (2) plaintiff risked loss of goodwill based on consumer confusion; and (3) defendant had adequate access to consumer public through its sales of its products in its restaurants.