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  • Jefferson Adams
    Jefferson Adams

    Gluten-free Trademark Infringement? Against the Grain Sues Against All Grain

    Reviewed and edited by a celiac disease expert.
    Gluten-free Trademark Infringement? Against the Grain Sues Against All Grain - Photo: CC--Chvhlr10
    Caption: Photo: CC--Chvhlr10

    Celiac.com 11/21/2013 - Gluten-free food manufacturer Against the Grain, of Brattelboro Vermont, has filed a trademark infringement lawsuit against a California company doing business as Against All Grain.

    Against The Grain Gourmet Foods has filed documents in the U.S. District Court for the District of Vermont asking the court to order Against All Grain to give up all claims to the name.

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    The lawsuit, which was filed on Oct. 11, alleges the use of Against All Grain by the defendants "is likely to cause confusion, to cause mistake, or to deceive and therefore constitutes infringement of Plaintiff's federally registered trademark ..."

    In the court documents, attorneys for Against The Grain assert that the defendants are using a website and Facebook page and have published a cookbook of gluten-free recipes using their "Against All Grain" marks.

    The documents filed by Against The Grain further assert that Against All Grain's alleged infringements have devalued Against The Grain's brand and will confuse consumers, some of whom might assume there is a relationship between the two companies.

    Sound complicated? It is, a bit, and not just for the similarity of names. Want to read a detailed account?

    Check out this excellent Open Original Shared Link, which does a great job of laying out the legal zigs and zags of this particular gluten-free name battle.



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  • About Me

    Jefferson Adams

    Jefferson Adams is Celiac.com's senior writer and Digital Content Director. He earned his B.A. and M.F.A. at Arizona State University. His articles, essays, poems, stories and book reviews have appeared in numerous magazines, journals, and websites, including North American Project, Antioch Review, Caliban, Mississippi Review, Slate, and more. He is the author of more than 2,500 articles on celiac disease. His university coursework includes studies in science, scientific methodology, biology, anatomy, physiology, medicine, logic, and advanced research. He previously devised health and medical content for Colgate, Dove, Pfizer, Sharecare, Walgreens, and more. Jefferson has spoken about celiac disease to the media, including an appearance on the KQED radio show Forum, and is the editor of numerous books, including "Cereal Killers" by Scott Adams and Ron Hoggan, Ed.D.

    >VIEW ALL ARTICLES BY JEFFERSON ADAMS

     


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