Thus, the Little Brownie Bakers became the exclusive owner of Samoas to identify cookies throughout the United States.
#Samoa caramel delight registration
It obtained a federal trademark registration for Samoas in 1986. But, Little Brownie Bakers did even better than that. d/b/a/ Little Brownie Bakers, apparently coined the name Samoas and/or was the first to start using it in commerce to identify the cookies they produced for the Girl Scouts.Ī sometimes little known fact about trademarks is that one can acquire what are referred to as common law trademark rights simply by using a distinctive word or phrase in commerce as a source identifier for a particular good or service.
The original Samoas baker, Murray Bakery Products, Inc. The Girl Scouts contract with independently owned bakeries to bake their cookies each year. Upon further research, which admittedly has not been confirmed by the Girl Scouts (or any other parties involved for that matter), it appears that the two names for the same Girl Scout cookie boils down to a good old fashioned trademark claim. What gives? As a trademark attorney and a Girl Scout cookie aficionado, I had to know more. The Caramel deLites looked like Samoas, were packaged like a Samoas, but just were not called Samoas. Our astute Girl Scout representative noticed our dismay and quickly steered us toward the Caramel deLites, which she assured us was a worthy alternative. This year we scoured the product list, but no Samoas. We have been waiting for a year to get our Samoas fix. It’s Girl Scout Cookie Time! The arrival of those industrious young women and the delicious products they peddle is always a welcome time of year at our home.
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