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Suit: Competitor’s smiley face cookies ‘confusingly similar’

FILE - In a Wednesday, April 29, 2015 file photo, Norma Rutter, of Bulger, Pa., puts smiley faces on a sheet of cookies, at an Eat'n Park in Robinson Township, Pa. Eat'n Park is suing Chicago American Sweet & Snacks Inc. for trademark infringement. The Homestead-based chain wants a judge to block Chicago American from selling its chocolate cream-filled Smiley's cookies. Eat'n Park has been selling its iconic, white Smiley cookies since 1985 and has incorporated them into its advertising, menus and logo. (AP Photo/Gene J. Puskar, File)

PITTSBURGH (AP) — The cookies may be smiling, but the restaurants are not.

A Pennsylvania chain says in a lawsuit that the smiley face cookies made by a Chicago-based baker are “confusingly similar” to its own trademarked treats.

Homestead-based Eat’n Park seeks to block additional cookie sales by Chicago American Sweet & Snacks Inc.

The Eat’n Park cookies are coated in white icing and use various colors for the eyes, nose and mouth of the smiley face.

Chicago American’s cookies are beige and filled with chocolate cream. The smiley’s eyes and mouth are brown; it doesn’t have a nose.

Eat’n Park has been selling its smiley face cookies since 1985 and has incorporated them into its advertising, menus and logo. It trademarked the cookie design in 1987.

Chicago American didn’t immediately respond to a message.

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