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June 5, 2003

Judge Rules in Cookie Controversy

(Honolulu-AP) -- A federal judge says there's nothing special about the design of a Big Island company's popular cookie.

U.S. District Judge Susan Mollway says Big Island Candies' diagonally dipped macadamia nut shortbread cookie "is nothing more than a nondistinctive combination of a few basic, common design elements," and does not deserve legal protection.

Big Island Candies sued locally owned Cookie Corner in July 2001 for trademark infringement for allegedly copying the design and packaging of its best-selling product.

The lawsuit accused Cookie Corner of profiting off Big Island Candies' "hard-earned good will, name recognition and reputation."

Cookie Corner said its cookies are larger in size and said its packaging is different.

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