Federal Appellate Court Affirms Finding That "ORGANIC FOOD BAR" Is Generic And Not Entitled To Trademark Protection

    CARLSBAD, CA, June 04, 2009 /24-7PressRelease/ -- Premier Nutrition, Inc. ("Premier Nutrition"), the Carlsbad, California-based nutrition products company has successfully defended itself against trademark infringement and related claims brought by Organic Food Bar, Inc. ("OFB") of Fullerton, California.

In the lawsuit initiated in September 2006 in U.S. District Court in Santa Ana, California (Civil Case No. SACV-06-0827 AG (RNBx)), OFB claimed that it owned exclusive trademark rights to the term ORGANIC FOOD BAR for use in connection with nutrition products. OFB further claimed that Premier Nutrition's use of the term "ORGANIC RAW FOOD BAR" in the sale and marketing of a line of food and nutrition bar products infringed OFB's trademark rights and constituted unfair competition.

OFB initially brought a motion seeking to preliminarily enjoin Premier Nutrition from using the term ORGANIC RAW FOOD BAR, but the federal District Court denied OFB's motion. [See reported decision in Premier Nutrition, Inc. v. Organic Food Bar, Inc., 475 F.Supp.2d 995 (C.D. Cal. Feb. 12, 2007)] Later, the District Court granted Premier Nutrition's motion for summary judgment by finding that the term ORGANIC FOOD BAR is generic and not entitled to trademark protection. [See reported decision in Premier Nutrition, Inc. v. Organic Food Bar, Inc. 2008 WL 1913163, 86 USPQ2d 1344 (C.D. Cal. March 27, 2008)] As such, Premier Nutrition was also cleared of trademark infringement or other alleged violations.

Not satisfied with the District Court's decision, OFB appealed. The United States Court of Appeals for the Ninth Circuit, however, recently affirmed the lower court's ruling by agreeing that the term ORGANIC FOOD BAR is generic and not entitled to trademark protection, because the term describes the type of product rather than identifying its producer. [See reported decision in Premier Nutrition, Inc. v. Organic Food Bar, Inc., 2009 WL 1353756 (9 Cir. May 15, 2009)]

"We are very pleased to see that justice has prevailed, and that the courts have completely vindicated our company by ruling that the term ORGANIC FOOD BAR is generic, and as such, it cannot be anyone's exclusive trademark," stated Christopher Geist, Chief Operating Officer and co-founder of Premier Nutrition, Inc.

For questions about this lawsuit or to obtain copies of the courts' decisions, please contact Kamran Fattahi of the Law Offices of Kamran Fattahi in Sherman Oaks, California (Tel: 818-205-0140; www.FattahiLaw.com), who represented Premier Nutrition throughout the proceedings.

About Premier Nutrition Inc.

Premier Nutrition Inc., the Carlsbad, California-based nutrition company was started in 1997 by friends Chris Geist, Lance Rankin, and Kerry Law.

As college athletes, experienced tri-athletes, and health enthusiasts, Chris, Lance, and Kerry founded Premier Nutrition on the premise that the majority of individuals have an innate desire to maintain personal health and achieve maximum energy for a productive lifestyle.

For further information, please contact us at (888) 836.8977 or visit us online at www.premiernutrition.com

# # #