COLUMBUS, Ohio (WCMH) — An Ohio food truck is facing a lawsuit from Kellanova, formerly the Kellogg Company (and colloquially called “Kellogg’s,” over claims its name plays off a trademarked slogan owned by the multibillion-dollar company.
On June 3, Kellanova filed a lawsuit against the Findlay-based food truck L’Eggo My Eggroll in U.S. District Court for the Northern District of Ohio. Kellanova alleges the food truck is infringing on its famous slogan “L’Eggo My Eggo,” a trademarked term used in Eggo waffles commercials and other promotions.
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The lawsuit asserts that, along with using the term “L’Eggo” in its name, the food truck’s design mimics Eggo packaging by using a “highly similar” font and a red, white and yellow color scheme. The filing claims that the branding may confuse customers into believing the food truck is associated with Kellogg.
The legal action states Kellanova sent multiple letters to L’Eggo My Eggroll since it first became aware of the food truck in April 2024, asking the small business to stop using Eggo-related branding.
The food truck “ignored Kellogg’s requests and responded with its own threats and demands,” the lawsuit alleges. Kellanova claims the food truck operators have made it clear they will not stop using the name, giving the company “no other choice” but to file the lawsuit.
Elliott Werth, an attorney for L’Eggo My Eggroll, said due to how recently the lawsuit was filed and for purposes related to legal strategy, he cannot go into “great detail” about the case. Werth did say he looks forward to evidence coming out that he believes will show his client has done nothing wrong.
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“This case is nothing more than a case of a billion-dollar company attempting to push around a successful, local, small business here in Findlay, Ohio,” Werth said in a statement. “We look forward to fighting for our clients and for the full facts and evidence to be presented to a judge or jury.”
Kellanova is demanding that L’Eggo My Eggroll gets rid of its name and any designs or symbols that resemble Eggo branding. The company is not stopping there, as it is seeking all profits the food truck made “from its [alleged] violation” of the law, as well as attempting to hold the food truck responsible for its attorney fees.
L’Eggo My Eggroll serves hibachi and eggrolls, primarily around northwest Ohio. According social media, the food truck opened on April 8, 2024.