PITTSBURGH- A restaurant chain isn't smiling about its smiley face cookies and sued a baker in Chicago for baking "confusingly similar" cookies to its trademark.
Eat 'n Park wants to block Chicago American Sweet & Snacks Inc. from selling any more. The Eat 'n Park cookies are coated in white icing and use colors for the eyes, nose and mouth of the smiley faces.Chicago American's are beige and filled with chocolate cream with the eyes and mouth being brown with no nose.
Eat 'n Park trademarked its design in 1987 and uses the image in advertising, menus and its logo.
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