SAN FRANCISCO – A snack and condiment company seeks a declaration from the court that it did not infringe on a trademark claimed by a Persian restaurant.
Bandar Foods Inc. filed a complaint on May 2 in the U.S. District Court for the Northern District of California against Bandar Restaurant Inc. seeking declaratory relief.
According to the complaint, the plaintiff alleges that it began selling Indian-inspired snacks in 2014. The plaintiff holds Bandar Restaurant Inc. responsible because the defendant allegedly claims that plaintiff's marks violate its trademark interests and has threatened to file a complaint against plaintiff.
The plaintiff seeks a declaration that its mark is not confusing or similar to defendant's mark, order instructing the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board to dismiss defendant's notice of opposition to plaintiff's application, declare that plaintiff's mark does not infringe any of the defendant's mark, all legal fees and any other relief as the court deems just. It is represented by J. Scott Gerien, Christopher J. Passarelli and Corinna M.W. Charlton of Dickenson, Peatman & Fogarty in Napa.
U.S. District Court for the Northern District of California Case number 3:16-cv-02385