King Arthur Flour lawsuit with Trader Joe's dismissed
May 19, 2009
by FoodBusinessNews.net Staff
PITTSBURGH — The U.S. District Court for the Western District of Pennsylvania on Monday dismissed a lawsuit filed earlier this month by Norwich, Vt.-based King Arthur Flour Company, Inc. (KAF) against Monrovia, Calif.-based grocery chain Trader Joe’s Co. The dismissal follows the two parties reaching an amicable resolution to the dispute, with each agreeing to bear their own court costs.
King Arthur Flour had alleged trademark infringement against Trader Joe’s in a federal lawsuit filed May 6 in the U.S. District Court for the Western District of Pennsylvania. As part of the lawsuit, KAF accused Trader Joe’s of "wrongful sale of flour products under the name ‘Baker’s Pantry’ in packaging that infringes the distinctive trade dress of KAF products, and defendant’s passing off of flour as that of KAF." In addition, KAF called for a temporary restraining order on Trader Joe’s ability to market the flour.
In its defense, Trader Joe’s in a May 8 filing called the lawsuit "meritless."
"KAF cannot establish a likelihood of success on the merits because even the ‘evidence’ submitted by KAF shows that Trader Joe’s has done nothing wrong," Trader Joe’s noted. "KAF makes numerous unsupported factual claims that its own evidence and a few Internet queries reveal to be entirely false. A temporary restraining order is an extraordinary remedy that should be used sparingly and only in clear cases."