SAN DIEGO – An organic baby food producer based in San Diego alleges its trademark is being used by the makers of Similac infant formula.
Once Upon a Farm LLC filed a complaint on Feb. 28 in the U.S. District Court for the Southern District of California against Abbott Laboratories Inc. alleging trademark infringement, false designation of origin and unfair competition.
According to the complaint, the defendant mailed out samples of Pure Bliss Similac products with the Once Upon a Farm mark. The plaintiff alleges that due to defendant’s continuing misconduct, its has suffered irreparable injury in an amount to be proven at trial, that the defendant has likely caused consumer confusion, and eroded Once Upon a Farm’s goodwill and unique brand recognition in the baby food industry.
The plaintiff holds Abbott Laboratories Inc. responsible because the defendant allegedly used plaintiff's registered Once Upon a Farm mark in connection with its Pure Bliss by Similac without plaintiff's authorization.
The plaintiff seeks preliminarily and permanent injunction enjoining defendant from using Once Upon a Farm mark, disgorgement of all of defendant’s profits arising from such infringing activity, three times its actual damages, costs of this action and such other equitable and proper relief. It is represented by J. Noah Hagey and J. Tobias Rowe of BraunHagey & Borden LLP in San Francisco.
U.S. District Court for the Southern District of California Case number 3:17-cv-00419