Firm News
March 17, 2014

Against The Grain settles trademark suit

BRATTLEBORO — A trademark infringement lawsuit filed by a company that specializes in gluten-free products was settled amicably and out of court.

“They are changing their name and that’s what we wanted,” said Tom Cain, who, with his wife, Nancy, founded Against The Grain Gourmet Foods in Brattleboro’s Book Press in 2006. “Against The Grain belongs to us.”

In October 2013, Against The Grain filed a lawsuit against Against all Grain, alleging the use of the name “is likely to cause confusion, cause mistake or to deceive and therefore constitutes infringement …”

In court filings, Downs Rachlin Martin, which represents the Cains, contended Danielle Walker and her California company, Against all Grain, had infringed on the Cains’ trademark, which was issued in 2008. Walker has a popular blog where she posts gluten-free recipes and is the author of “Against all Grain,” a cookbook of “paleo” recipes.

“They are changing the name on her blog to Danielle Walker’s Against all Grain,” said Peter Kunin, a deputy managing partner of Downs Rachlin Martin. “They also agreed going forward not to use Against all Grain as a trademark on food products and to withdraw their federal trademark application for Against all Grain.”

Kunin said he and the Cains were grateful they were able to resolve the dispute in a cordial fashion.

“We’re very pleased that we were able to work constructively with Ms. Walker and her company to achieve an out-of-court settlement,” said Kunin.

Read the full article: Against The Grain settles trademark suit


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