Following Corrective Action, Court Sets Aside Preliminary Injunction Motion, but Grillo’s Pickles Continues to Pursue its Claims Against Patriot Pickle and Wahlburgers for Damages Under the Lanham Act and Unfair Competition Law
Grillo’s Pickles is Also Continuing with Claims That New Line of Pickles Manufactured by Patriot Pickle Was Created Using Confidential, Proprietary and Trade Secret Information in Breach of Contract
BOSTON, Aug. 3, 2023 /PRNewswire/ — On January 3, 2023, Grillo’s Pickles, Inc. filed federal Lanham Act and common law unfair competition claims against Patriot Pickle Inc., ARKK Food Company and Wahlburgers I, LLC for misleading consumers and retailers by labeling and marketing Wahlburgers pickles as “fresh,” “all natural” and containing “no preservatives” when, to the contrary, Wahlburgers pickles contained sodium benzoate, an artificial chemical preservative. The misleading labeling of Wahlburgers pickles, combined with the similar packaging and near identical taste to all-natural Grillo’s, has harmed Grillo’s Pickles by diverting customers away from the brand and to Wahlburgers. Simultaneously, Grillo’s filed a preliminary injunction motion asking the court to order Patriot Pickle to stop falsely advertising Wahlburgers pickles.
Since then, Patriot Pickle has admitted in court filings that its Wahlburgers pickles did, in fact, contain the artificial preservative sodium benzoate. Patriot Pickle also represented that it has, “… taken voluntary corrective action to ensure future shipments of Wahlburgers pickles will be sodium benzoate-free, thus giving Grillo’s the relief it seeks,” via its motion. According to Patriot Pickle, Wahlburgers pickles shipped before Patriot Pickle took corrective action to remedy the sodium benzoate issue are now, “…past their ‘best by’ date and are unlikely to be on store shelves.”
Following these developments, including what Patriot Pickle is claiming it is now selling to consumers, the United States Court for the District of New Jersey decided to set aside Grillo’s preliminary injunction motion, allowing Grillo’s to reassert its motion in the future should, for instance, Patriot Pickle begin using sodium benzoate in Wahlburgers pickles again. Grillo’s Pickles, however, will continue to pursue its claims against Patriot Pickle Inc., ARKK Food Company and Wahlburgers I, LLC for damages under the Lanham Act and unfair competition law.
“As we’ve said before, at Grillo’s Pickles, we’re committed to ingredient transparency and we continue to stand by that,” said Adam Kaufman, President of Grillo’s Pickles. “It’s important that our competition is honest when listing out their ingredients, and we’re glad to have helped the truth come to light.”
Additionally, in June, Grillo’s Pickles filed a complaint against Patriot Pickle, Inc. in the state of Florida, claiming it violated its agreements and is using Grillo’s proprietary recipes to produce a line of pickles for Whole Foods under the Whole Foods 365 label across the United States. The filing points to Patriot Pickle’s access to Grillo’s proprietary recipes and equipment, use of identical ingredients, and organic acid profile tests as proof of Patriot Pickle’s use and disclosure of Grillo’s trade secrets to produce Whole Foods 365 pickles in violation of the Defend Trade Secrets Act, the Florida Uniform Trade Secrets Act, and contracts between Grillo’s and Patriot Pickle. Grillo’s Pickles is also continuing to pursue this claim.
Customers choose Grillo’s because they know that when they purchase Grillo’s Pickles, they are purchasing fresh pickles free from artificial preservatives. Grillo’s has a 100-year-old family recipe, and Grillo’s Pickles are made with simple, real, and garden-fresh ingredients. Grillo’s Pickles can be found in the refrigerated section of grocery stores nationwide.
For more information on Grillo’s Pickles, visit https://www.grillospickles.com.
About Grillo’s Pickles
For people who want freshness, Grillo’s is the pickle company that is changing the game. Grillo’s uses only clean, garden-fresh ingredients to make deliciously simple foods that deliver all the crunchy, tangy, satisfying flavor you’ve been searching for with none of the junk. How do we do it? Our products are made cold, shipped cold and sold cold. So, you get an incredible crunch, and we never have to mess with artificial preservatives. The only thing traditional about us is our 100-year-old family recipe. The rest? It’s fresh. Grillo’s offers mouthwatering bites nationwide for sweet, spicy, and sour flavor seekers, with a selection of chips, wholes, spears, and Pickle de Gallo.
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SOURCE Grillo’s Pickles
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