Mars believes Smucker’s pill container pet treats could be confused with their own product.
Mars Inc. filed a lawsuit against J.M. Smucker for alleged trademark infringement of Mars’ Greenies Pill Pockets treats by Smucker’s Milk-Bone Pill Pouches pet treats, reported Pet Product News. The lawsuit was filed in the U.S. District Court of Virginia.
Mars claimed that Big Heart Pet Inc., a subsidiary of Smucker, created a “confusingly similar” product. Mars also took umbrage with the use of the term pouch to describe Smucker’s product, since the treat has only a hole, not an enclosed pocket.
Mars asked the court to determine damages and to prohibit the sale of the Pill Pouch brand and that all inventories of the treat be destroyed.
J.M. Smucker’s attorney responded that at least six other brands have similar products, such as Butler Scripts Pill Pals and Zoe Pill Pops.
Other problems for Smucker’s Big Heart Brands
On November 17, Big Heart Brands' pet foods and treats were discussed during J.M. Smucker’s earnings conference call about their second quarter of fiscal year 2017. Net sales in the pet food segment decreased by US$35.7 million to US$531 million. This decline was primarily due to volume/mix, which reduced net sales by 5 percent. This was driven by the Meow Mix and Kibbles 'n Bits brands.
Beyond financial data, Smucker’s president announced the company’s plans to offer their premium pet food in retail outlets other than specialty stores.
Tim Wall covers the dog, cat and other pet food industries as senior reporter for WATT Global Media. His work has appeared inLive Science, Discovery News, Scientific American, Honduras Weekly, Global Journalist and other outlets. He holds a journalism master's degree
from the University of Missouri - Columbia and a bachelor's degree in biology.
Wall served in the Peace Corps in Honduras from 2005 to 2007, where he coordinated with the town government of Moroceli to organize a municipal trash collection system, taught environmental science, translated for medical brigades and facilitated sustainable agriculture, along with other projects.
For several years, the pet food industry has celebrated the market’s growth outpacing that of many other consumer goods categories, even during the pandemic.
