Colorado-based Honey Smoked Fish Company has taken legal action against Einstein Noah Restaurant Group, Inc. for making a profit from its trademark by serving up “Honey Smoked Salmon” sandwiches at its bagel restaurants.
In a press release, the company said it had filed a lawsuit in Colorado District Court, alleging that Einstein Noah is infringing and purposely copying its trademark. In the complaint, Honey Smoked Fish claims that it had been in talks with the bagel company to offer the branded salmon under the Honey Smoked trademark in its sandwiches. However, according to the filing, Einstein Noah decided to “simply copy the brand without permission,” despite initial interest in the partnership.
The Denver Post reported that Einstein Noah, which owns and operates Einstein Bros. Bagels, Noah’s New York Bagel, and Manhattan Bagel, added a honey smoked salmon bagel sandwich to its menu early in March, calling it a “healthy and delicious option” for busy, active people.
According to the claimant, the product used by Einstein Noah is “inferior fish from an unknown source.” Kevin Mason, founder and CEO of Honey Smoked Fish, said in an article with the Denver Business Journal that his company had spent years refining the preparation process to optimize the health benefits of its salmon and developing goodwill in its brand and product line.
Honey Smoked Fish is also seeking an immediate injunction against the use of its trademark. Einstein Noah declined comment to the Denver Business Journal.
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