The controversy is over a type of cheesecake created and sold by Eli’s called "Irish Cream Cheesecake." The problem is that Bailey’s claims the cake maker did not use their liqueur in the cheesecake itself, but just in the whipped topping that covers the cake. Bailey’s claims that the dessert is not up to their usual standards and wants Eli’s to remove the logo from packaging and making it appear as if Bailey’s has endorsed the product.
According to the Chicago Sun-Times, the lawsuit states that Bailey’s only gave permission for Eli’s to use their logo for four months when the Irish Cream cake went on sale. However, Eli’s has continues to use packaging with the logo on it. Bailey’s has also accused Eli’s of not promising to refrain from using their logo on any future packaging.
Bailey’s also claims that Eli’s has co-opted their logo in other ways. The lawsuit says that Eli’s incorporated the unique Bailey’s logo right into the Eli’s logo. Bailey’s has asked a judge to instruct Eli’s to refrain from using the logo.
Eli’s says that they don’t understand the facts in the lawsuit. They claim that they have been using the Bailey’s logo, legally, for eight or nine years. Other than stating this to the press, Eli’s has not made any statement about the lawsuit.
Eli’s is a Chicago staple and has been making cheesecakes and other desserts since 1977. The cake maker became famous, originally, for making its famous desserts at local Chicago steakhouses, before demand for the cakes caused the company to create its own factory and outlet for selling them directly to the public. Now Eli’s cheesecakes are also available in most grocery stores. It now boasts a factory that makes about 20,000 cakes in over 100 flavors.