Miller Barondess Wins Trademark Ruling on Behalf of One of the Largest Mexican Food Producers/Distributors in the U.S.
Miller Barondess, LLP represents plaintiff Juanita’s Foods, one of the largest Mexican food producers and distributors in the U.S. The company’s products are sold under its registered trademark and trade name “JUANITA’S” in a variety of stores, including Target, Wal-Mart, Costco, Kroger, etc.
Plaintiff filed a preliminary injunction against defendant Dominguez Family Enterprises, Inc., an Oregon-based business that produces and distributes Mexican food products, principally chips. Defendant uses the “Juanita’s” name on its products per a contract between plaintiff and defendant whereby defendant is limited to selling its products under the Juanita’s mark to the Pacific Northwest States (Alaska, Idaho, Wyoming, Nevada, Montana, Oregon and Washington); and would not file or solicit a federal registration for the Juanita’s mark.
Despite the contract, defendant has sold its products with the “Juanita’s” mark outside of the Pacific Northwest States, including in California; and defendant applied with the US Patent and Trademark office for a mark consisting of the word JUANITA’S—all in violation of the contract.
On October 17, 2022, Judge Percy Anderson, U.S. District Court, Central District of California, granted plaintiff’s motion for preliminary injunction and ordered that defendant is enjoined from (1) attempting to proffer or sell any food product under the Juanita’s name outside of the Pacific Northwest States; (2) advertising or offering for sale any food product under the Juanita’s name outside of the Pacific Northwest States; and (3) taking any steps to obtain a registration of the Juanita’s name.
Per Skip Miller, “We’re very pleased with this decision protecting and preserving the Juanita’s trademark. Our client makes and distributes great Mexican food products and has established a top reputation for this brand. I’m proud of the work by our team of lawyers, including Sasha Frid, Jeff White, and Murad Salim.”
Juanita’s Foods v. Dominguez Family Enterprises, Inc., CACD Case # 2:22-cv-06049-PA-PLA (Read the ruling)
Read the Trademark Lawyer Magazine article here.
Read the Daily Journal article here. (subscription required)