IP law and Harris Teeter Oreos

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    janie1
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    I find it hard to differentiate between what is new and what is an adaptation. For example, if Oreo launches a new product line of “Banana Pudding” flavored Oreos, then one month later Harris Teeter launches a new product line called “Nana Nilla Surprise!”, wouldn’t Harris Teeter be infringing upon Oreo’s IP rights? This happens all the time, I just don’t understand why it’s allowed. Thoughts?

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