SAN DIEGO – A San Diego-based cookie company alleges a San Francisco granola maker is unlawfully using its marks.
Microbiotic Health Foods Inc., doing business as Nana's Cookie Co., filed a complaint on Jan. 24 in the U.S. District Court for the Southern District of California against NanaJoes LLC alleging trademark infringement, common law unfair competition and other counts.
According to the complaint, the plaintiff alleges that since 1992, it has used the Nana's and Nana's Cookie Co. marks and has registered the marks with the U.S. Patent and Trademark Office.
The plaintiff alleges that defendant is using marks that are similar to the plaintiff's marks, which is likely to cause confusion, mistake, and deceive consumers and others as to the source, nature and quality of the goods and services.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunction, prejudgment interest, costs of suit, attorneys' fees and for such other and further relief as the court deems just and proper. It is represented by Jeffrey D. Wexler and Timothy Rawson of Pillsbury Winthrop Shaw Pittman LLP in Los Angeles.
U.S. District Court for the Southern District of California case number 3:18-cv-00164-LAB-BLM