Judge Halts Launch of Nabisco's New Fish-Shaped Cracker

A federal judge in New York has blocked Nabisco Inc. (Parsippany-Troy Hills, NJ) from introducing a new fish-shaped cracker, finding that the snack food would dilute Pepperidge Farm's famous Goldfish trademark. Judge Shira Scheindlin also found that Nabisco acted with ``predatory intent'' and concluded that Nabisco's conduct was ``lacking in good faith.''

Pepperidge Farm, a division of the Campbell Soup Co. (Camden, NJ), went to court after learning that Nabisco wanted to launch the new cracker this week.

Nabisco's goldfish-shaped cracker was to be included in a mix based on the Nickelodeon's cartoon series, ``CatDog.'' Nabisco was ordered to recall all CatDog brand products currently distributed to any retailers and to cease using gold goldfish in the manufacture, distribution sale, advertisement or promotion of any of its products.

``We are gratified by this important decision,'' said David Albright, president of Pepperidge Farm. `` We said from the beginning of this case that we would vigorously defend our trademark and today's decision affirms our ability to do just that.''

Nabisco plans to ask the judge to stay the effect of her ruling while it seeks an emergency appeal because the product that was ready to be shipped this week is perishable, said Hank Sandbach, a company spokesman.