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Impossible food sues to cancel earlier trademark owners

260 点作者 justinmares超过 3 年前

27 条评论

zwieback超过 3 年前
Reading this: <a href="http:&#x2F;&#x2F;casefilingsalert.com&#x2F;wp-content&#x2F;uploads&#x2F;2021&#x2F;05&#x2F;Impossible-Trademark-Dispute.pdf" rel="nofollow">http:&#x2F;&#x2F;casefilingsalert.com&#x2F;wp-content&#x2F;uploads&#x2F;2021&#x2F;05&#x2F;Impos...</a><p>it seems like Impossible X complained first and Impossible food is saying that they want it declared that they are not infringing on Impossible X&#x27;s trademarks.<p>IOW: little guy complained first and big guy is asking for relief that they are not doing anything wrong.<p>Is there more to the story?
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maneesh超过 3 年前
When you look at the ImpossibleHQ vs Impossible Foods logo, it&#x27;s obviously, without a doubt, a complete rip off.<p>It&#x27;s the sort of lawsuit that I would expect ImpossibleHQ to put against Impossible Foods, obviously not vice versa.<p>It seems so clearly a rip off of the logo, that it&#x27;s the kind of lawsuit that I want to invest in. Like -- I want to help fund a lawsuit against Impossible foods for millions that they ripped off the logo&#x2F;trademark illegally.<p>Is there any past examples of investment&#x2F;crowdfunding for a lawsuit, where the investors earn returns if a lawsuit succeeds?<p>This feels like an interesting opportunity for grassroots crowdfunding&#x2F;investment for a David vs Goliath situation.
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kstenerud超过 3 年前
OK, I see what&#x27;s going on here.<p>Impossible Foods primary arguments are:<p>- They use the mark IMPOSSIBLE with services relating to recipes, food ingredients, and cooking information, and Impossible X does not.<p>- Impossible X has challenged their right to use the trademark in that manner, and so they want the courts to decide with finality who has what rights.<p>- Since Impossible X has not asserted their rights to the mark in this manner in many years, and have not pursued any business in that area, Impossible Foods wants any trade marks in relation to food to be considered abandoned (incidentally, this is why big companies pursue trademark claims so aggressively).<p>- They also want to be awarded costs (not a likely outcome, but always good to throw in).<p>My dry reading of this gives the impression that they&#x27;re likely to prevail. If you don&#x27;t protect your trademark, especially against such a high profile company and let it run for years unchallenged, you risk losing it. This is to prevent people from submarining a lawsuit by allowing a company to build massive value in a mark you own rights to, only to snatch it away from them and hold it for ransom.
joelrunyon超过 3 年前
&quot;Earlier trademark owner&quot; and longtime HN member here. Happy to answer whatever questions I can.
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tslater2006超过 3 年前
Case number for locating it in PACER: 5:2021cv02419<p>At a glance of the complaint it seems that Impossible X started this with complaints and legal action against mpossible Foods for infringing on their trademarks. The complaint additionally shows that Impossible X was granted their registration of IMPOSSIBLE on Jan 9th, 2018.
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Sundog超过 3 年前
Am I reading this wrong or do they just think they can steal the trademark because they&#x27;re bigger? Now that I think about it, looks like they ripped off his logo too...
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nathanbarry超过 3 年前
Yikes. I&#x27;m glad you&#x27;re going public with this. Companies shouldn&#x27;t be able to get away with legal bullying like this.
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whoknowswhat11超过 3 年前
Link to Impossible&#x27;s trademark (for nutrition - they have 18)<p><a href="https:&#x2F;&#x2F;trademark.trademarkia.com&#x2F;impossible-nutrition-87116501.html" rel="nofollow">https:&#x2F;&#x2F;trademark.trademarkia.com&#x2F;impossible-nutrition-87116...</a><p>This was from 2018 (important I think).<p>Another was this: <a href="https:&#x2F;&#x2F;trademark.trademarkia.com&#x2F;impossible-85578345.html" rel="nofollow">https:&#x2F;&#x2F;trademark.trademarkia.com&#x2F;impossible-85578345.html</a><p>But the class is not a super overlap with impossible foods.<p>Here is impossible foods mark.<p><a href="https:&#x2F;&#x2F;trademarks.justia.com&#x2F;861&#x2F;02&#x2F;impossible-86102158.html" rel="nofollow">https:&#x2F;&#x2F;trademarks.justia.com&#x2F;861&#x2F;02&#x2F;impossible-86102158.htm...</a><p>2013 was the filing date here.<p>With an english language word, the trademark protection is (generally) going to be a bit narrower (ie, specific class etc).<p>For what it is worth, at a 10 second glance this is not the slam dunk little vs big player thing.
skmurphy超过 3 年前
He has to fight back. This happens more than people realize. He has a well established trademark that protects an operational business. He should be able to win this. I am not an attorney or a naming &#x2F; trademark expert but can recommend some good ones.
kaycebasques超过 3 年前
As a vegan myself this is very unfortunate because we are already easy targets and subject to a lot of prejudice. Impossible Meat bullying a small company might unleash a backlash of anti-vegan sentiment that can take on a life of its own. Make no mistake it has been there all along. Go back to other discussions about veganism here on HN and you will see the common anti-vegan memes. But when you&#x27;re one of the leading brands of a minority movement like veganism you really need to make sure your PR is impeccable because your actions have broad-reaching effects beyond your business.<p>And to be 100% clear I am not being an apologist for Impossible. If they are indeed bullying and the case is as clear cut as this article describes then that is ugly behavior.
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duffpkg超过 3 年前
Walgreens tried to pull this against one of ClearHealth&#x27;s (Open source EMR system) trademarks. We prevailed but expect to spend $20k in legal fees and in TTAB court you could not recover fees (at that point in in time anyway).<p><a href="https:&#x2F;&#x2F;ttabvue.uspto.gov&#x2F;ttabvue&#x2F;v?pno=92058521&amp;pty=CAN" rel="nofollow">https:&#x2F;&#x2F;ttabvue.uspto.gov&#x2F;ttabvue&#x2F;v?pno=92058521&amp;pty=CAN</a>
solarkraft超过 3 年前
Wow, this deteriorates my view of impossible foods as the “good guys”.<p>I get that they want the brand, but that they apparently haven’t even attempted to buy it is pretty telling.
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londgine超过 3 年前
If the &quot;later&quot; impossible food succeeds in canceling the trademark, does that mean that any company can market their product as &quot;impossible burgers&quot;?
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dehrmann超过 3 年前
If their nutrition products and trademark pre-date Impossible Foods, Impossible Foods might be in some trouble. IANAL, but trademarks on actual words are first-come, first-served, and for a specific context. Apple Computer and Apple Records&#x2F;Corps.: ok, no customer confusion. Apple Computer launches a product called iTunes and a service named Apple Music, it gets dicey.
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gnicholas超过 3 年前
Is there a summary of Impossible Foods’ position? Would be interesting to know why they think this is appropriate&#x2F;lawful.
emilfihlman超过 3 年前
This is absolutely awful. Isn&#x27;t this a textbook case of malicious suing, SLAPP?
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makstaks超过 3 年前
Be curious to know if anyone who has trademark legal knowledge can answer this question. Since the word Impossible is common, as far as I can gather, if it is for a different industry you indeed could use it?<p>edit: typo
mint2超过 3 年前
Basically this just goes to show the way trademarks work is broken. One shouldn’t be able to trademark single words, or at the very least common ones.
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computer23超过 3 年前
This case is not so cut and dry.<p>It looks like ImpossibleHQ&#x27;s trademarks had nothing to do with food until 2016 when they filed a trademark in the nutrition space<p>Impossible Foods was started before 2016, so it would seem to have priority in the food space.
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nomla超过 3 年前
Didn’t Nissan try something similar to a guy with a the last name Nissan and a computer company he named Nissan Computers? I wonder if he might have some recommendations to help fight this corporate bully.
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moat超过 3 年前
Stay classy Impossible Foods
gruez超过 3 年前
docket seems to be this: <a href="https:&#x2F;&#x2F;www.courtlistener.com&#x2F;docket&#x2F;59791788&#x2F;impossible-foods-inc-v-impossible-x-llc&#x2F;" rel="nofollow">https:&#x2F;&#x2F;www.courtlistener.com&#x2F;docket&#x2F;59791788&#x2F;impossible-foo...</a><p>I&#x27;m interested in seeing Impossible Food&#x27;s complaint. Anyone with PACER access want to download them and share&#x2F;contribute them to courtlistener?
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danlugo92超过 3 年前
Why can&#x27;t I upvote this?
nateliason超过 3 年前
Looks like they pretty blatantly copied the logo too, not a good look.
seane超过 3 年前
That is some bullshit.
decremental超过 3 年前
Well now I&#x27;m definitely not going to eat any of their gross fake meat.
Mordisquitos超过 3 年前
This very much reinforces my scepticism and distrust towards this trend of branded so-called &quot;meat-substitutes&quot; and &quot;plant-based cheeses&quot; etc. I am not a vegetarian or a vegan but, if I were, I would simply eat vegetables, legumes, pasta, rice, bread, fruits, nuts, you name it. It&#x27;s not so hard, it&#x27;s just normal food that has always existed and has always been a part of my diet anyway.<p>People have eaten non-meat products since the dawn of history. For instance, meat was rare in the diets of the lower class of many societies, dairy products were only part of the diet of specific populations (e.g. Western Europe, Middle East, Masai, etc.), and the diet of some cultures has been vegetarian by principle from the start (the Jains of India). There are countless non-meat based recipes across all cultures, and preparing a meal without using meat, cheese or eggs is hardly rocket science — I often do it by accident without noticing.<p>So, is there really that much value in these industrial &quot;plant-based&quot; meat&#x2F;cheese substitutes? I don&#x27;t think so, but they&#x27;re being marketed as if they were a great step forward to &quot;reduce our dependence on meat&quot; — a dependence which does not actually exist. All I see is disruptive processed-food businesses, trying to gain a market captive into their branded products thanks to the cultural Zeitgeist and it&#x27;s focus on sustainability.<p>The fact that rice, beans, tomatoes, mushrooms, cabbages and onions are mere commodities that people can choose based on each item&#x27;s quality, price, and personal tastes from any supplier, to cook with them as they please is not convenient for the processed-food business. They need people to get used to depending on their own branded products, because how else would they &quot;substitute meat&quot; out from their diet? This new industry is hoping to get younger environmentally-conscious generations to understand that, to be sustainable, the normal thing is to eat <i>Beyond Meat™</i>, or <i>Impossible Foods™</i>, or whatever other brand competes in the market for their attention. God forbid people eat mere stir-fried vegetables, legume stews, rice, or a myriad other dishes they could cook themselves!<p>The greatest value of these companies is not in their technology to make &quot;meat-substitutes&quot;. Rather, it is in getting customers to assume that they depend on their brand.
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