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The recently resolved federal lawsuit between The Campbell's Company (and CSC Brands LP) and political candidate Shelby Nicole Campbell offers a noteworthy reminder of how powerful—and protected—famous trade dress can be. The dispute centered on the campaign's use of branding that closely resembled the iconic Campbell's soup can, including its red-and-white color scheme, circular medallion, and familiar script lettering. The campaign also used slogans and social media handles like "soup4change" and "vote4soup," which Campbell's argued created the false impression of sponsorship or endorsement.
According to the original complaint, consumers repeatedly questioned whether the company was affiliated with the campaign, and Campbell's characterized this confusion as the predictable result of willful infringement. After sending a cease-and-desist letter that went unanswered, the company filed suit seeking to halt the unauthorized use and prevent dilution of its well-known trade dress. The settlement requires the politician to stop producing, distributing, or using any Campbell's marks or trade dress in connection with her campaign activities. With the matter now resolved, Campbell's continues to emphasize its longstanding commitment to preserving the integrity of its intellectual property.
The resolution of this case reinforces several key lessons for brand owners:
Famous trade dress remains a highly valuable asset that requires proactive enforcement to maintain its distinctiveness and legal protections.
Political or non-commercial use does not insulate a user from trademark liability when the use creates confusion or suggests endorsement.
Regular monitoring and prompt enforcement are essential both for maintaining legal rights and for protecting brand reputation and consumer trust.
As this case shows, unauthorized use of trademarks—whether by campaigns, influencers, or online entities—can create lasting reputational and legal risks. If your brand is being used without permission or in a way that may confuse consumers, early and decisive action is the best defense.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
