Dive Brief:
- A federal lawsuit has been filed against Target for alleged trademark infringement related to its Good & Gather private label food brand, The Atlanta Journal-Constitution reported.
- A business owner in Atlanta who runs a company called Garnish & Gather filed the suit. She trademarked her business name in 2014, according to the report, and said Target’s new private label name, products and logo are too similar to her own.
- A Target spokesperson told the Journal-Constitution the retailer respects trademarks and is aware of the lawsuit, and will defend itself against the claims through the legal process.
Dive Insight:
Target unveiled its highly-anticipated Good & Gather line in September, its biggest brand launch in the food category to date. The assortment, which debuted at 650 products and will scale to 2,000 by next spring, includes bagged salads, snacks, cheese, pasta, prepared foods and deli items, all touting cleaner ingredient lists.
Garnish & Gather, meanwhile, is a local company that sells groceries and prepared foods, and has around 800 weekly meal kit subscribers. Owner Emily Golub told USA Today she initially approached Target with her concerns in August, before its brand launch, but it moved forward anyway.
Golub claims she identified 40 to 50 items that overlap across her business and Target’s Good & Gather brand. She also claims Good & Gather's brand design closely resembles that of her company, with a circular logo and leaf illustrations.
According to reports, Golub filed the suit Nov. 8 in the U.S. District Court Southern District of New York. Target’s attorneys filed a motion to transfer the case to Minnesota, where its headquarters are located. Golub also said she declined an offer from Target to give her thousands of dollars to help with SEO for her Garnish & Gather brand.
Lawsuits in the grocery industry are not uncommon. Kroger sued Lidl in 2017 for trademark infringement over its private label brand. Kroger claimed Lidl’s "Preferred Selection" line was too similar to its "Private Selection" label. Lidl also got slapped with a lawsuit from Aldi in March over trade secret violations.
