Two Heads, One Lawsuit
Campbell Soup Co.’s Pepperidge Farm division threw a wrench into the tie-in plans of rival RJR Nabisco last month when a federal judge ordered the latter t o stop making its new Cheese Dips CatDog snacks.
The new product, a tie-in with kids TV network Nickelodeon’s new CatDog animated series, contained uniquely shaped Cheese Nips crackers, including fish shapes. The cartoon’s two main characters – a cat and a dog sharing but one body – obviously limited Nabisco’s cracker shape possibilities.
Pepperidge Farm asserts that Nabisco’s fish infringe on its trademarked Goldfish cracker brand, and Manhattan District Court Judge Shirr Scheindlin agreed somewhat, ordering Nabisco to cease manufacture and recall all shipped product. But Scheindlin also ordered Pepperidge Farm to post a $3.55 million bond to cover Nabisco’s manufacturing and advertising expenses should Nabisco get the decision overturned. Although she said it was unlikely Pepperidge Farm would prove its trademark infringement or unfair competition claims, the judge called it likely that the company could show Nabisco’s product to be diluting its Goldfish brand.
The ruling halts the in-pack support Hanover, NJ-based Nabisco was giving to Nick’s Find CatDog and Win Sweepstakes running through March. Boxes of Nabisco’s Ritz Bits Cheese Sandwich and Cheese Nips Cheddar and Reduced Fat Cheddar crackers carried support for the sweeps, too. Nabisco had planned to launch TV spots last month.
Better half Fortunately for Nickelodeon, it has a host of other partners including Kraft Foods, Burger King, and Duracell USA for a full year program for CatDog, which debuted last October.
Beginning last month and continuing through the1999 holidays, the network offers sweepstakes and other contests to promote the popular weekday series, described as “The ultimate odd couple – opposites attached.” The animal’s canine half enjoys rolling in the mud and eating garbage, while its feline end wishes to lead a civil, easy life.
The first on-air sweeps broke last month as part of a week-long primetime stunt. The CatDog Better Together Sweepstakes offered kids a trip with their “better halves” to Los Angeles to visit the Nickelodeon Animation Studios and be a part of the Nickelodeon show. Secondary prizes included CatDog toys from Mattel.
Miami, FL-based Burger King supports the sweeps with an in-store Kids’ Meal program featuring five different CatDog toys. A different toy is available each week through March. In-store merchandising and national kid-directed TV spots will support. In-store displays will offer entry forms.
Bethel, CT-based Duracell will host two major events in the second half of 1999. The show will be featured on a free Nickelodeon backpack offered for back-to-school with purchases of Duracell batteries. And CatDog will be showcased in a “Catch CatDog” in-pack game during the holidays. Specially marked packs of Duracell batteries will contain game pieces featuring collectable stickers. The person who “catches” the CatDog sticker wins a trip to Nickelodeon Studios in Universal Studios, Florida.
Glenview, IL-based Kraft Foods will offer four collectable CatDog stickers on two million packages of Jell-O Kid Pack Low-fat Yogurt to run the rest of the year.
