Key facts
- Perdue Foods is suing John Soules Foods for trademark infringement.
- The lawsuit alleges Soules Foods copied Perdue's "6 7 Chicken Nuggets" branding and packaging.
- Perdue claims the competing product uses similar "67" designations, nugget-shaped numerals, and cartoon hands.
- Perdue states the similarities are likely to mislead consumers.
- Perdue alleges it has already lost retail shelf space and sales opportunities due to the competing product.
- John Soules Foods declined Perdue's request to stop using the disputed branding.
Perdue Foods has filed a federal lawsuit against competitor John Soules Foods, alleging that Soules Foods copied the branding and packaging of Perdue's "6 7 Chicken Nuggets." The lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, claims that Soules Foods adopted a nearly identical "67 Chicken Nuggets" product after Perdue launched its own version nationwide earlier this year.
According to Perdue, the competing product features the same "67" designation, breaded chicken nugget-shaped numerals, cartoon hands holding the numbers, and similar playful packaging elements, creating confusion among shoppers. Perdue stated that it has already experienced harm, with one major retailer declining to stock Perdue's nuggets because it would be carrying Soules' competing product, resulting in lost shelf space, sales opportunities, and market share.
Perdue launched its limited-edition "6 7 Chicken Nuggets" in April, rolling them out to Walmart stores by May 1. Soules Foods, also known as Soules Kitchen, announced its own "67 Chicken Nuggets" set to launch in July at Kroger and ALDI stores. Perdue sent a cease-and-desist letter on June 9, but Soules Foods declined to discontinue its use of the branding on June 17.
Perdue is seeking a court order to block Soules Foods from using the disputed branding, recall or destroy infringing materials, and award damages, profits, and attorneys' fees. The company also requested a jury trial. John Soules Foods has not yet filed a response.