In Cracker Barrel court battle, Kraft cheese stands alone
BY KIM JANSSEN Federal Courts Reporter November 14, 2013 7:02PM
Packages of Cracker Barrel cheese made by Kraft. | AP file photo
Updated: January 14, 2014 2:28PM
America might be big and strong enough to handle two different Cracker Barrels, but supermarket shoppers aren’t, a federal appeals court has ruled.
The bitter battle between Kraft Foods and Cracker Barrel Old Country Store for the right to use the “Cracker Barrel” brand in supermarkets ended with the Seventh Circuit of the U.S. Court of Appeals ordering the roadside restaurants to keep their ham out of the meat aisle.
One of Chicago’s finest legal minds — Judge Richard Posner — wrote in a 14-page opinion that Kraft could be “badly hurt” if consumers confused Cracker Barrel Old Country Store’s new range of supermarket meats with Kraft’s Cracker Barrel cheese line.
“Even savvy consumers might be fooled,” Posner warned, upholding a previously imposed injunction on Cracker Barrel Old Country Store from selling its branded goods in supermarkets.
The decades-long truce between Kraft, which introduced its Cracker Barrel cheese in 1954, and Cracker Barrel Old Country Store, which opened its first restaurant in 1969, ended last year when the restaurant chain introduced a range of supermarket meat products.