By
Christopher Yasiejko
McCormick & Co. Old Bay seasoning Photographer: Gabby Jones/Bloomberg
Seafood junkies have been sprinkling Old Bay seasoning on their Chesapeake Bay crab since the 1930s, and the condiment has become a best-selling brand for Sparks, Maryland-based spice giant McCormick & Co. as well as a flavor enhancer in everything from sausages to popcorn to beer.
So, McCormick was not amused when an upstart spice maker, Primal Palate LLC, announced in October 2017 that it would start selling a seasoning blend called New Bae. In announcing the new product, Pittsburgh-based Primal admitted the name was “a terrible pun” intended to promote a “bay seasoning” using the texting-lingo shorthand for “Before Anyone Else.”
McCormick sued in Maryland federal court in Baltimore on Monday. The company says the New Bae name confuses consumers into thinking the two spices are related, and diminishes the good reputation and value of its Old Bay trademark.
"We do not see legal merit to the claims that McCormick has made," Primal Palate said Tuesday in a statement. "Primal Palate understands and respects McCormick’s desire to police its trademarks. However, in this instance, there is nothing actionable to police."
In April, McCormick sent Primal a cease-and-desist letter over New Bae. A month later, Primal’s lawyer acknowledged that the smaller company was seeking to piggyback on McCormick’s name recognition, according to the complaint.
The lawyer said Primal is relatively new to the market and “sees McCormick as a foundation of the spice industry,” according to McCormick. He added, “In choosing the name ‘New Bae,’ Primal Palate was giving a ‘nod’ to the impact that the Old Bay seasoning has made on the spice market,” McCormick said.
The U.S. Patent and Trademark Office had planned to issue a trademark to Primal Palate until McCormick filed to oppose the registration. A hearing before the agency is likely to be held early next year.
McCormick wants New Bae pulled from the U.S. market. It also wants the destruction of all materials bearing the New Bae mark, and cash compensation including Primal’s profits and damages.
Christopher Yasiejko
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Staple of Maryland seafood seasoning is a McCormick top seller -
Primal Palate admitted its ‘New Bae’ name is a ‘terrible pun’
McCormick & Co. Old Bay seasoning Photographer: Gabby Jones/Bloomberg
Seafood junkies have been sprinkling Old Bay seasoning on their Chesapeake Bay crab since the 1930s, and the condiment has become a best-selling brand for Sparks, Maryland-based spice giant McCormick & Co. as well as a flavor enhancer in everything from sausages to popcorn to beer.
So, McCormick was not amused when an upstart spice maker, Primal Palate LLC, announced in October 2017 that it would start selling a seasoning blend called New Bae. In announcing the new product, Pittsburgh-based Primal admitted the name was “a terrible pun” intended to promote a “bay seasoning” using the texting-lingo shorthand for “Before Anyone Else.”
McCormick sued in Maryland federal court in Baltimore on Monday. The company says the New Bae name confuses consumers into thinking the two spices are related, and diminishes the good reputation and value of its Old Bay trademark.
"We do not see legal merit to the claims that McCormick has made," Primal Palate said Tuesday in a statement. "Primal Palate understands and respects McCormick’s desire to police its trademarks. However, in this instance, there is nothing actionable to police."
In April, McCormick sent Primal a cease-and-desist letter over New Bae. A month later, Primal’s lawyer acknowledged that the smaller company was seeking to piggyback on McCormick’s name recognition, according to the complaint.
The lawyer said Primal is relatively new to the market and “sees McCormick as a foundation of the spice industry,” according to McCormick. He added, “In choosing the name ‘New Bae,’ Primal Palate was giving a ‘nod’ to the impact that the Old Bay seasoning has made on the spice market,” McCormick said.
The U.S. Patent and Trademark Office had planned to issue a trademark to Primal Palate until McCormick filed to oppose the registration. A hearing before the agency is likely to be held early next year.
McCormick wants New Bae pulled from the U.S. market. It also wants the destruction of all materials bearing the New Bae mark, and cash compensation including Primal’s profits and damages.
the sublims....