Vermont-based Against The Grain Gourmet Foods has filed a lawsuit accusing California-based Against All Grain of trademark infringement. According to the Brattleboro Reformer, the suit was filed on October 11 in the U.S. District Court for the District of Vermont.
In the suit, Against The Grain alleges that the California company’s use of the name Against All Grain “is likely to cause confusion, to cause mistake, or to deceive and therefore constitutes infringement of Plaintiff’s federally registered trademark…”
Against The Grain is a locally owned company that first opened its doors in November 2006. The company’s products include pizza, pizza crusts, baguettes, bagels and rolls. In addition to being gluten free, Against The Grain products are also nut free. The company sells its products both locally and nationally through chains such as Whole Foods. Against The Grain is also set to publish a cookbook of gluten-free recipes in October of 2014.
In June of 2008, Against The Grain received a trademark for its logo and name, and in January of 2012, the company filed an application with the U.S. Patent and Trademark Office (USPTO) “to identify gluten-free bakery shops and other retail store services featuring gluten-free baked goods.” In addition, in January of 2013, Against The Grain filed another application with the USPTO “to identify cookbooks, kitchen utensils, chocolate, candy and other confections.”
Against All Grain, meanwhile, has a website, a Facebook page and have published a cookbook of gluten-free recipes. The California company filed an application with the USPTO on August 27 “to identify downloadable electronic books in the field of food and drink, cook books, and on-line journals, namely, blogs featuring food and drink.”
“(Against All Grain’s) infringing acts will permit (them) to capitalize on the strength of (Against The Grain’s) success, goodwill, and reputation in promoting its own products,” reads the lawsuit.
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Quick Klein Extra: To constitute trademark infringement, product confusion must be probable, not merely possible.
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