J.M. Smucker files infringement suit related to its PURITAN trademark
Clients J.M. Smucker Company, The
Jones Day successfully represented The J.M. Smucker Company in a trademark litigation action against River West Brands. River West Brands filed an application for the mark PURITAN. The PURITAN mark is owned by Smucker. At the time RWB filed its application, the PURITAN mark had been in use for nearly 100 years. Undeterred by this long standing use, RWB not only sought to register the mark for themselves, but in 2006, also sought to cancel Smucker's registration for the mark. Jones Day filed a complaint on behalf of Smucker that cast into doubt the entire business model of RWB. Indeed, so effective was the complaint that it was filed on Thursday and by the following Monday, the CEO of RWB had contacted the CEO of Smucker seeking to settle the case. While the terms of the settlement are confidential, RWB has subsequently withdrawn its application for PURITAN and dismissed the cancellation proceeding against Smucker's PURITAN registration.
The J.M. Smucker Co. v. River West Brands, Case No. 08-cv-1156 (N.D. Ohio)