ConAgra: Firm trying to cash in on Swiss Miss name

ConAgra Foods, the maker of Swiss Miss brand hot cocoa mix, is dispatching a trademark-infringement and unfair competition lawsuit against Dean Foods Co. for the marketing and selling of its Swiss Premium line of teas.

ConAgra alleges the “product, design, packaging and trade dress” of Dean's Swiss Premium bottled teas are similar to the Omaha-based company's popular Swiss Miss hot cocoa mix and take advantage of the ConAgra brand's market presence and reputation.

The dispute, ConAgra alleged in a complaint filed in U.S. District Court in Omaha, started last spring when Dean Foods changed the packaging and logo for its teas, making the product design similar to that of Swiss Miss.

The packaging on both possess comparable white fonts, a blue banner and white and blue snowy mountains in the background. Both use ribbon graphics to outline flavors and product details, and both have a cup of the product near the bottom of the logo.

ConAgra said it sent Dean Foods a cease-and-desist order in May but no changes were taken by Dean Foods, which is based in Dallas and produces dairy products and juices.

In the court filing, ConAgra said the Dean Foods' tea labeling has sparked confusion for consumers who inquired about purchasing the “Swiss Miss tea.”

“(ConAgra) has fielded calls from consumers regarding coupons and rebates” offered by Dean Foods, according to the complaint. “One consumer stated that she had a coupon for Swiss Premium tea, that the coupon had a logo very similar to the Swiss Miss logo, and that she wanted to know where she could purchase the tea.”

In another instance, ConAgra alleged, an individual pouring samples of the Swiss Premium tea at a grocery store told samplers they were drinking “Swiss Miss iced tea.” When approached by a ConAgra sales director, the individual again said it was “Swiss Miss iced tea.”

ConAgra, the maker of packaged foods such as Healthy Choice, Hunt's tomato products and Orville Redenbacher popcorn, spends between $2.7 and $4.5 million annually advertising and marketing Swiss Miss. ConAgra said Dean Foods' use of a similar campaign takes advantage of “the distinctive and famous nature” of the Swiss Miss brand.

Officials for ConAgra could not give further details on the lawsuit.

“However, I can tell you that we've filed this lawsuit because we believe it's very important to protect our brands' trademarks and trade dress, and to prevent consumer confusion about our products,” said Stephanie Childs, a ConAgra spokeswoman.

A spokeswoman for Dean Foods on Tuesday said the company had not received a copy of the lawsuit and could not comment.

Contact the writer:

444-1414, ross.boettcher@owh.com