Discuss the below in detail:
Pepperidge Farms introduced its popular oval-shaped Milano cookies in 1956, registering a trademark for the name of the sandwich cookies in 2010. in March 2015. the Trader Joe's supermarket chain began selling a sandwich cookie called Crispy Cookies. in December 2015. Pepperidge Farms sued Trader Joe's, alleging that the grocery store has infringed on its Milano cookie trademark by selling a "remarkably similar" looking cookie called Trader Joe's Crispy cookies, in its lawsuit. Pepperidge Farms claims that Trader Joe's "has willfully sought to trade on Pepperidge Farm's reputation and the reputation of the Milano cookies, " and that these acts "have been malicious and calculated to injure Pepperidge Farm." The lawsuit more specifically alleges that the Trader Joe's packaging for Crispy Cookies will confuse consumers. damaging the goodwill associated with Pepperidge Farm's Milano brand. The images below show a package of Milano dark chocolate cookies manufactured by Pepperidge Farm and a package of Trader Joe's Crispy Cookies.
Q: Assume that Trader Joe's has filed a motion to dismiss the Pepperidge Farm trademark lawsuit. You are the Judge. How would you rule? Make sure that you thoroughly discuss the legal standard for determining the validity of a trademark in your ruling.