CHICAGO — Alpha Baking Co., Inc. will change the package color of its S. Rosen’s brand of Hawaiian rolls to blue from orange under an agreement reached with King’s Hawaiian Holding Co., Inc.
In January, King’s filed a complaint in the U.S. District Court Northern District of Georgia Gainesville Division. King’s had alleged Chicago-based Alpha Baking was selling sweet rolls in product packaging “deceptively similar to the King’s Hawaiian Sweet Roll packaging trade dress.”
Announcing the settlement, Alpha Baking said it contested the allegations but is making the changes to “avoid a lengthy lawsuit.” The changes will not interrupt production of supply of Alpha’s products, the company said.
Beginning in April, the company will unveil its S. Rosen’s Sweet Hawaiian Rolls in new packaging it says “brings to mind the blue skies and tropical ocean waters of Hawaii.” In addition to the blue color, the new packaging eliminates a totem pole image that was on the original S. Rosen’s packaging. Other design elements remain intact.
“Our focus is, and always has been, on providing the highest quality baked goods for our vendor partners and customers,” said Lawrence Marcucci, president and chief executive officer of Alpha Baking. “We are bakers, and we prefer to spend our time in the mixing room over the courtroom. We have chosen to settle and alter our Hawaiian roll packaging to avoid litigation that will ultimately be detrimental to both companies.”
The infringement complaint targeted the sale and distribution of Hawaiian sweet rolls in S. Rosen’s and private label packaging for companies such as Aldi and Topco. While the complaint is being dismissed, specific details of the settlement agreement will remain confidential, Alpha Baking said.
