This trademark action sees Bob’s Red Mill Natural Foods, a popular producer of natural, certified organic, and gluten-free milled grain products, seeking a declaratory judgment of non-infringement of a “Certified Gluten-Free” certification mark owned by the Gluten Intolerance Group of North America.
Bob’s Red Mill has been producing gluten-free products for over 30 years, using several indicators over time to denote the gluten-free quality. They currently use the following indicator on packaging and on their website:
On May 17, 2018, Bob’s Red Mill received the following email asking that it stop using its own indicator, become certified with the “Gluten-Free Certification Organization,” and adopt the Defendant’s Certification Mark:
Bob’s Red Mill notes in the Complaint that it has never claimed certification by any outside organization and that “[t]here is no federal standard for ‘gluten-free.'”
Rejecting those requests, Bob’s Red Mill brings this lawsuit to obtain a judgment declaring that it may use its own gluten-free indicator, without having to seek the permission of, or pay money to, the Gluten Intolerance Group.
Stay tuned for updates.
Bob’s Red Mill Natural Foods, Inc. v. Gluten Intolerance Group of North America
Court Case Number: 3:18-cv-960-HZ
File Date: Thursday, May 31, 2018
Plaintiff: Bob’s Red Mill Natural Foods, Inc.
Plaintiff Counsel: Clifford S. Davidson of Sussman Shank LLP
Defendant: Gluten Intolerance Group of North America
Causes: Declaratory Judgment of Non-Infringement
Court: District of Oregon
Judge: Marco A. Hernandez
Complaint:
in 2010. The following year, in July 2011, the city registered its trademark with the state of Oregon. It appears that the City started
trademark application. The recitation of services in the state trademark registration (as shown above, and on p. 9 of the Complaint below) is awkward. The only good or service listed on the application is, “The sign is a visual icon associated with Portland, and is seen all over the world when major events come to Portland.” In the space available to explain the mode or manner in which the mark is used, the City of Portland simply wrote, “An historical landmark of Portland, Oregon.” Vintage Roadside is alleging that the City of Portland was not using the mark in connection with the sale of goods and services and falsely certified that the mark was in use.
Oregon Intellectual Property Blog 