A jury sitting in the United States District Court for the Central District of California found in favor of an S&B client who accused another company of infringing its trademarked soup base product name. The client, who manufactures ethnic soup bases and sells them under names trademarked by the United States Patent and Trademark Office, accused another company of selling the same types of soup bases under identical names. The defendant company claimed the product names were generic or highly descriptive and, therefore, unprotectable; but the jury disagreed. In a unanimous verdict, the jury found the names valid and protectable and found the defendant company liable for trademark infringement. A further trial will be held on the issue of damages to be awarded to S&B's client.
"This is a huge win for the client who has firmly established its right to the sole and exclusive use of the product names, which in and of itself is an extremely valuable asset," S&B attorney William Buus stated. "This verdict is not only good news for the client, but will resonate throughout the ethnic community in which the client's products are sold."