Greenfield World Trade, Inc. v. Discount Bandit, LLC, Civil Action No. 1:23-cv-02329-MLB (N.D. Ga., May 24, 2023)

The owner of a food service and kitchen products family of brands brought suit against a discount online retailer in the Northern District.  According to the Complaint, Plaintiff Legacy Brands designs, manufactures, distributes, and markets a wide portfolio of food service and kitchen brands, including Omega, Vinotemp®, Vinturi®, and West Bend®.  Plaintiff accuses Defendant Discount Bandit of trademark and copyright violations in relation to these marks.  Defendant Discount Bandit is an online shopping platform that offers negotiated discounts for various goods.  Among those goods are the Plaintiff’s marks, products connected to those marks, and photographs of those products.  Plaintiff alleges Defendant counterfeited and infringed their marks by using or reproducing the marks without authorization or consent.  Plaintiff further asserts Defendant’s misuse will cause confusion or deception in the market as to the origin of the products.  And, Plaintiff asserts Defendant’s conduct will harm their reputation, goodwill, and profits.

The Complaint alleges trademark counterfeiting and infringement under 15 U.S.C. § 1114; copyright infringement under U.S.C. § 101, et seq.; violation of the Georgia Uniform Deceptive Trade Practices Act under O.C.G.A. § 10-1-372; and common law unfair competition warranting exemplary and punitive damages under O.C.G.A. § 51-12-5.1.

The case has been assigned to Judge Michael Brown.