8/8/99 The Ocean Spray lawsuit against Sunsweet, despite my satirical take on it (see below) is no laughing matter. The suit was discussed in an opinion column, and the complaint reproduced in its entirety, in Cranberry Stressline on 7/29/99, before the story gained national attention ( Who Owns Words):

Regulating unfair competition is important. Litigation is often the only recourse a company has, and it is frequently justified. Courts now are being asked to make what should be common sense decisions about the ownership of trademarks and trade dress, and most interestingly, of actual words.

Now Ocean Spray has revealed to the mainstream press that the Sunsweet Cranlings are dried sweetened cranberries manufactured by Decas Cranberries. As everyone in the cranberry industry knows, one way to exacerbate the knee-jerk paranoid turf protective response with Ocean Spray managers is to mention that one of the "two Johns" (John Decas, or John Swendrowksi of Northland Cranberries) may be threatening to shave a percentage point or two off of Ocean Spray's market share. If these reactions did not cost the Ocean Spray grower owners money and prove detrimental to the entire cranberry industry, perhaps they could be overlooked. However, the history of such over-zealous brand protection is one of costly and dismal failure.

Cranberry Stressline has been "accused" of speculation. But there is a time when the facts seem to suggest certain explanations. The revelation that Cranlings are manufactured by Decas suggests the possibility that once again the now discredited and on the way out, but still apparently entrenched, management of Ocean is calling the shots and making ill advised decisions.

Do they know something we don't know? Is it possible they've commissioned taste tests comparing Craisins and Cranlings and discovered a consumer preference for the new Sunsweet/Decas product? If that is the case, the way to compete in a free marketplace isn't through questionable law suits, but by bringing out a "new improved Craisins - plumper, moister, sweeter" (or whatever). The Cranberry Stressline editorial position is simple: do what's right for all cranberry growers and everyone who makes their living in the cranberry industry and do it in an open and fair manner.

8/7/99 - Standard-Times reports the Cranlings story

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