Nestle, PetSmart Settle Tidy Cats Litter Trade Dress Claims

Nestle Purina Petcare Co. and PetSmart Inc. have settled claims over PetSmart’s alleged copying of Nestle’s Tidy Cats cat litter packaging, according to a Thursday filing in Missouri federal court.

Nestle accused PetSmart of redesigning its Great Choice cat litter to use the same distinctive yellow packaging as Tidy Cats, with identical “silhouettes of multiple cats” as well as the same four color codes corresponding to the same types of litter.

PetSmart used the trade dress on its website for a week starting on Black Friday in 2018. The court rejected PetSmart’s argument that it “inadvertently” uploaded the trade dress ...