Sweet settlement: Cookie shop trademark suit resolved

Insomnia Cookies and Red Eye Cookie Co. have stores on opposite sides of West Grace Street.

A local cookie company’s legal dispute with a national competitor has been baked to completion.

Richmond-based Red Eye Cookie Co. earlier this month reached a settlement in trademark infringement case filed against it last year by Insomnia Cookies. Terms of the agreement were not disclosed.

Insomnia, which filed suit in Charlottesville federal court in January 2017, claimed Red Eye’s business model, logo and brand were too similar to its own. Each company offers late-night cookie delivery and their logos both feature a crescent circle.

The suit was prompted by Red Eye opening a Charlottesville store last year within a block of an Insomnia location. The brands also have stores across the street from one another in Richmond at 935 and 918 W. Grace St., respectively.

Red Eye denied the allegations in a response filed in March 2017 and called for the case to be dismissed. The two sides in January filed motions to put a freeze on the suit, saying they were negotiating a settlement. That agreement was reached and the case was dismissed March 22, with each party bearing their own fees and costs.

Red Eye owner Brayden Pleasants could not be reached for comment. Emails sent to Insomnia seeking comment were not returned.

Red Eye was represented by LeClairRyan attorneys Stephen Faraci, Edward White and Janet Cho, while Insomnia was represented by Andrew Baugher of Harrisonburg firm Lenhart Pettit PC and Scott Amy of Atlanta firm Thomas Horstemeyer LLP.

Calls to all involved attorneys seeking comment were not returned by press time.

Both companies’ Richmond and Charlottesville locations are still operating using the same names and logos.

Insomnia Cookies and Red Eye Cookie Co. have stores on opposite sides of West Grace Street.

A local cookie company’s legal dispute with a national competitor has been baked to completion.

Richmond-based Red Eye Cookie Co. earlier this month reached a settlement in trademark infringement case filed against it last year by Insomnia Cookies. Terms of the agreement were not disclosed.

Insomnia, which filed suit in Charlottesville federal court in January 2017, claimed Red Eye’s business model, logo and brand were too similar to its own. Each company offers late-night cookie delivery and their logos both feature a crescent circle.

The suit was prompted by Red Eye opening a Charlottesville store last year within a block of an Insomnia location. The brands also have stores across the street from one another in Richmond at 935 and 918 W. Grace St., respectively.

Red Eye denied the allegations in a response filed in March 2017 and called for the case to be dismissed. The two sides in January filed motions to put a freeze on the suit, saying they were negotiating a settlement. That agreement was reached and the case was dismissed March 22, with each party bearing their own fees and costs.

Red Eye owner Brayden Pleasants could not be reached for comment. Emails sent to Insomnia seeking comment were not returned.

Red Eye was represented by LeClairRyan attorneys Stephen Faraci, Edward White and Janet Cho, while Insomnia was represented by Andrew Baugher of Harrisonburg firm Lenhart Pettit PC and Scott Amy of Atlanta firm Thomas Horstemeyer LLP.

Calls to all involved attorneys seeking comment were not returned by press time.

Both companies’ Richmond and Charlottesville locations are still operating using the same names and logos.

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Zach Cutter
Zach Cutter
4 years ago

I’m Bruce Nolan, and that’s the way the cookie crumbles.

Andrei Mincov | Trademark Factory®
Andrei Mincov | Trademark Factory®
4 years ago

It’s not surprising that Insomnia Cookies sued Red Eye Cookie company for trademark infringement after it set up shop with a somewhat similar logo on the opposite side of the street from Insomnia. It’s not surprising that eventually, the parties reached a settlement. It’s not surprising that neither party is willing to provide comments to the press. What is surprising is that both companies are still operating using the same names and logos. What might that mean? Andrei Mincov Founder and CEO of Trademark Factory® / https://trademarkfactory.com, the only firm in the world that offers trademarking services with a predictable,… Read more »

Matt Faris
Matt Faris
4 years ago

What isn’t surprising is that the advertising department should be sending you a bill for letting you post this information.