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Eat’n Park files suit over ‘Smiley’ cookie design |

Eat’n Park files suit over ‘Smiley’ cookie design

| Saturday, June 28, 2008 12:00 a.m

Eat’n Park has filed a federal lawsuit accusing a New York cookie company of using its smiley cookie design.

The lawsuit, filed Thursday in federal court in Pittsburgh, alleges The Clever Cookie Corp. of Plainview, N.Y., is illegally using a smiley face on cookies in violation of Eat’n Park’s trademarked design.

Eat’n Park has been selling its smiley face cookie since 1987 under the trademark “Smiley,” according to the lawsuit. Clever Cookie sells a similar “Smiley Face” cookie, the lawsuit states.

Eat’n Park is seeking the profits from Clever Cookie’s product and damages.

is a former freelancer.

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