Intellectual property in the baked goods sector
The assets behind Twinkies are brand and recipe. As Hostess moves through liquidation, other companies can easily pick up the brand and the recipe and resume production. In fact, Hostess claims that there has been "a flood of inquiries" on purchasing the assets. That is the way the bankruptcy system is supposed to work.
** Some time ago, prior to the purchase of of Sunshine by Keebler, Sunshine produced Chocolate Nuggets, a favorite of LBE. After the purchase, they were discontinued, and no one took over production.
From the internet:
five well-known Sunshine brands were discontinued after the merger with Keebler: Chip-A-Roos, Hi-Ho Crackers, Chocolate Nugget cookies, Lemon Coolers and Golden Fruit Biscuits. Sunshine originated Vienna Fingers cookies, which are now sold under the Keebler brand
http://www.inthe70s.com/food/sunshinebiscuitcompanychocolatenuggetcookies0.shtml [Some company should bring them back. There is no cookie like it on the market. ]
**Separately, another favorite of LBE, the original [green] Clairol Herbal Essence, vanished. However, another company now makes a similar product --Mirta de Perales --, although not easy to find.
**Separately, recall Hostess was involved in a trade secret case with Bimbo. See the IPBiz post
AP runs Bimbo story