Benjamin Appelbaum, Attorney at Law

Target sued for trademark infringement

New Jersey residents might be interested to learn that a Georgia woman has filed a lawsuit against the retail giant, Target, for allegedly infringing on her trademark with its Good & Gather line of products. The woman trademarked Garnish & Gather in 2014 as the name of her Atlanta-based business.

According to the lawsuit, the founder created Garnish & Gather in 2013 and trademarked the business name the following year. Garnish & Gather sells meal kits, prepared foods and locally-sourced groceries. Target's Good & Gather brand was launched in September of 2019. The retailer hopes that this brand will help the company to stand out from its competitors. The Good & Gather brand offers cheese, bagged salads, granola, fresh deli entrees, vegetables, frozen fruits, protein bars and chips.

According to Garnish & Gather's founder, there are between 40 and 50 overlapping products offered by her company and Target's new brand. In August of 2019, she sent a trademark infringement notice to Target, but the company proceeded with its brand launch anyway. She stated that Target offered her SEO services worth tens of thousands of dollars, but she turned it down. She states that she instead needs to protect the brand that she has built since founding her company and trademarking its name.

When a business discovers a competitor using names that are too similar to its trademarks, legal action may be necessary. A trademark law attorney could review the trademark and the name that's being used by the other company to determine the merits of the case. Legal counsel may be able to secure injunctions to prevent the infringing company from continuing to use the trademarks.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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