|By PR Newswire||
|March 18, 2014 05:10 PM EDT||
DENVER, March 18, 2014 /PRNewswire/ -- Honey Smoked Fish CompanySM today announced it has filed a lawsuit in the United States District Court for the District of Colorado seeking to prevent Einstein Noah Restaurant Group, Inc., the owner and operator of Einstein Bros. Bagels, Noah's New York Bagel and Manhattan Bagel, from infringing upon and deliberately copying and using Honey Smoked Fish Company's HONEY SMOKED SALMON trademark.
As set forth in the lawsuit, Einstein Noah initially contacted Honey Smoked Fish Company to explore offering salmon branded under the HONEY SMOKED SALMON trademark in its restaurants. The complaint asserts that despite its initial interest in a legitimate partnership, Einstein Noah apparently elected to simply copy the brand without permission to benefit from the goodwill Honey Smoked Fish Company has already created.
"We've spent many years developing our preparation process to maximize the health benefits of our salmon product. For example our proprietary smoking process retains a high percentage of Omega-3 fatty acids and results in a product that is also diabetic friendly, said Kevin Mason, Founder and CEO of Honey Smoked Fish Company. "We are concerned that Einstein Noah's use of our trademark will confuse consumers into eating what may be an inferior product that could raise health concerns," concluded Mason.
"Honey Smoked Fish Company has invested over 17 years developing goodwill in its HONEY SMOKED SALMON brand and product line and treats the infringement of those rights very seriously," said Greg Tamkin of Dorsey & Whitney, Honey Smoked Fish Company's intellectual property counsel. Tamkin continued, "The law is designed to protect the public from this sort of confusion where one company attempts to use another company's brand to promote its products."
"In this case, Honey Smoked Fish Company has spent millions of dollars and years of effort developing its brand. The brand is recognized by consumers as associated with a high quality, healthy super-food. It is not fair for Einstein Noah to benefit from Honey Smoked Fish Company's efforts. Similarly, it would not be fair to Honey Smoked Fish Company for Einstein Noah to harm the good reputation that Honey Smoked Fish Company spent years developing" Tamkin concluded.
Along with the Complaint, Honey Smoked Fish Company is also asking the District Court for an immediate injunction to require Einstein Noah to stop using the HONEY SMOKED SALMON mark.
About Honey Smoked Fish Company:
Honey Smoked Fish Company is a leading producer and distributor of HONEY SMOKED SALMON branded salmon, which is a ready-to-eat superfood that can be added to any meal. The company starts with only fresh Atlantic salmon and its proprietary firing process relies on center core hickory to produce its delicious and natural smoke flavor. The company's products are available online at www.honeysmokedfish.com, most Costco Wholesale locations, and various Kroger, Safeway and Sam's Club locations.
CONTACT: Jen Reyna, 303-371-8660, [email protected]
SOURCE Honey Smoked Fish Company
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