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Cookie Manufacturer Lance Sues Competitor For Hi-Jacking Archway Trade Dress.

CHARLOTTE, February 9, 2009 -- Cookie and snack food manufacturer Lance Inc. filed suit today against competitior Canada-based Voortman Cookies for misappropriating the Archway packaging.

On December 8, 2009 Lance Inc. announced its successful bid to purchase the assets of Archway Cookies LLC for $30 million as part of Archway's bankruptcy. Among the assets acquired were the Archway trademarks and trade dress.

Lance Inc's complaint accuses Voortman Cookies of selling oatmeal and oatmeal-raisin cookies in the signature red and gold color scheme of the Archway brand used by Archway since 2005. Lancie Inc. calls Voortman's newly adopted packaging "calculated to exploit the uncertainly among both consumers and the retail trade resulting from the Archway bankruptcy, and to persuade [them] to accept [Voortman] as the successor" to Archway.

Archway's best selling cookies happened to be oatmeal and oatmeal-raisin.

Trade dress protects the distinctive overall appearance of a product, its packaging, or the decor of a enterprise's facility.

"We're excited about this acquisition," commented David V. Singer, President and Chief Executive Officer of Lance, Inc. "Archway was founded in the 1930s, and has built solid market share in its niche of soft, home-style cookies. Archway is an excellent addition to our growing portfolio of consumer preferred niche brands. We are looking forward to reopening the Ashland, Ohio production facility, where we intend to produce Archway cookies. This facility will also provide the capacity to support growth in our existing business and capabilities that will broaden the products we can offer our Private Brands customers, thus supporting our growth goals for our non-branded business."