Premier Nutrition, Inc. v. Organic Food Bar, Inc.

ORDER DENYING DEFENDANT ORGANIC FOOD BAR, INC.’S MOTION FOR PRELIMINARY INJUNCTION

Before the Court is the Motion for Preliminary Injunction (“Motion”) filed by Defendant Organic Food Bar, Inc. (“OFB”). After considering the moving, opposing, and reply papers, and oral argument by the parties, the Court DENIES Defendant’s Motion.

BACKGROUND

This lawsuit centers on OFB’s claim that Premier Nutrition, Inc. (“Premier”) has infringed OFB’s alleged trademark in the term “Organic Food Bar.” OFB engages in the marketing, selling, and distribution of nutritional and dietary supplements, including ready-to-eat nutritional food bars. (Declaration of Kamran Fattahi in Support of Premier Nutrition, Inc.’s Motion for Summary Judgment, and In Support of Premier Nutrition, Inc.’s Opposition to Defendant’s Motion for Preliminary Injunction (“Fattahi Decl.”), Ex. 3.) Most pertinently, OFB markets and sells a line of food products that are made of organic ingredients that display the term “Organic Food Bar” on the packaging. (OFB’s Answer to ¶ 13 of Premier’s Complaint.)

OFB asserts that it has been exclusively using the term “Organic Food Bar” in connection with nutrition products since 2001.…