Panera and Great Harvest Dispute Tagline
Panera Bread and also the Great Harvest Bread Co. won’t be breaking bread together in the near future. On the contrary, Great Harvest lately filed a trademark suit against Panera over Panera’s “food because it should be” campaign, which is supposed to reflect Panera’s philosophy of fresh ingredients and menus according to whole-foods.
Great Harvest, with a chain of 200 loaves of bread-cafes (when compared with Panera’s 1,800 locations), continues to be while using slogan “it must be” since August 2014, several months before Panera began its very own campaign in June of 2015. As the two slogans aren’t identical, Great Harvest claims that Panera’s me is similar enough to infringe on Great Harvest’s legal rights.
Great Harvest argues that many of the services and products Panera promotes underneath the “food because it should be” campaign contend with Great Harvest services and products. Great Harvest therefore claims that utilisation of the mark will probably cause confusion among consumers regarding the supply of the products, including “reverse confusion” where consumers might think exceptional Harvest is really a subsidiary from the bigger chain of Panera cafes.
Great Harvest filed a credit card applicatoin to join up the “it must be” slogan using the US PTO in October of 2014, and also the registration issued in December of 2015. In Feb of 2015, Panera requested its very own registrations on “Panera food because it should be” and “Panera Bread food as it ought to be. Neither of those marks continues to be registered by yet.
The situation has become pending within the U.S. District Court for that Western District of New York. Great Harvest Franchising Corporation., et al v. Panera Bread Co. Corporation., situation # 3:16-cv-00121. We’ll carefully watch about this one and can report further updates here on Trending Trademarks.