Boulder-based sports nutrition powder maker, Skratch Labs LLC had filed a lawsuit in the Colorado District Court against a new Boulder take-out and delivery restaurant concept, Scratch Kitchen for trademark infringement.
The plaintiff alleges that the defendant uses a similar name which has caused actual confusion to consumers and the public to believe that the brands are affiliated.
The plaintiff reportedly said that Skratch Labs, which also markets energy bars, baking mixes, and cookbooks was founded in 2012 and owns the trademark while Scratch Kitchen, a trading name for Delivery Native LLC launched in March 2020.
The plaintiff reportedly said that the infringement has caused lots of damages to the distinctive quality of Skratch Labs’ marks, confusion, and false declaration of origin.
The plaintiff alleges that the defendant branding is still confusingly similar in sight and sound despite the use of the words “Kitchen” and “Kitchen Concepts” following “Scratch” in its trademarks or that one is spelled with a K and the other a C.
The plaintiff reportedly said that the inclusion of Kitchen or Kitchen Concepts is less significant in terms of affecting the mark’s commercial impression, and renders the wording ‘Scratch’ the dominant element of the Infringing Marks.
The plaintiff reportedly said that Skratch Labs executives contacted Scratch Kitchen about the alleged infringement in February and March and a cease and desist letter was sent in April but the defendant continued using the mark.
Skratch Labs is demanding that a court prohibit Scratch Kitchens from using confusingly similar trademarks and pay unspecified damages.
The case is ongoing.
Skratch Labs LLC v. Delivery Native, Inc.
|Judge:||William J Martinez|
|Court:||Colorado District Court|
|Nature of Suit:||Trademark|
|Case Filed:||June 01, 2020|