Idahoan Foods LLC has filed a lawsuit against Basic American Inc.
alleging the company’s line of potato products marketed under the
name “Buttery Home-Style” infringes on Idahoan’s rights to “Buttery
Homestyle,” its brand of potato products. Idahoan Foods LLC v. Basic
Am. Inc., No. 16-0005 (D. Idaho, filed January 6, 2016). Idahoan’s
trademark application to the U.S. Patent and Trademark Office was filed
in May 2015 and remains pending, but the company argues that it has
used “Buttery Homestyle” commercially since 2003. Idahoan notified
Basic American in December 2015 of its allegedly superior rights to the
mark; the complaint asserts that Basic American then filed a lawsuit in
California federal court seeking a declaratory judgment that “Buttery
Home-Style” does not infringe “Buttery Homestyle.” Idahoan seeks an
injunction, destruction of the infringing mark, damages and maturation
of its trademark application.

 

Issue 590

About The Author

Avatar

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Close