Aldi Named In Trademark Lawsuit

aldi-storeExtreme discount grocer Aldi has been targeted in a trademark infringement lawsuit by a US-based tuna company. American Tuna filed its suit against Aldi at the US District Court for the Southern District of California on Friday, September 16.

The tuna company claimed that Aldi infringed its brand ‘Pole & Line’, for which it has had common law trademark rights since January 2014. It has also registered a trademark for ‘Pole & Line’, US number 4,778,044.

American Tuna claimed that Aldi has used the ‘Pole & Line’ mark to sell canned fish and related products similar to American Tuna’s goods.

It also alleged that Aldi has “passed their products and services off in a manner calculated to deceive plaintiff’s customers and members of the general public”.

In June, American Tuna sent a cease and desist letter to the supermarket. Aldi’s representative, Vincent Elders of law firm Smith, Landmeier & Elders, replied in July, stating that Aldi would not stop using the mark.

American Tuna has also claimed unfair competition and is seeking actual damages, triple damages for willful infringement, injunctive relief, and attorneys’ fees.

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Christopher Durham
Christopher Durham is the president of My Private Brand and the co-founder of The Vertex Awards. He is a strategist, author, consultant and retailer who built brands at Delhaize-owned Food Lion, and lead strategy and brand development for Lowe’s Home Improvement. He has consulted with retailers around the world on their private brand portfolios including: Family Dollar, Petco, Staples, Office Depot, Best Buy, Metro (Canada), TLW (Taiwan) and Hola (Taiwan). Durham has published five definitive books on private brands, including his first book, Fifty2: The My Private Brand Project. In 2017, he will debut his newest book, Vanguard: Vintage Originals, a visual tour of innovation and disruption in private brand going back to the mid-1800’s. Dynamic in his presentation while down to earth and frank in his opinions, he has presented at numerous conferences, including FUSE, The Dieline Conference, Packaging that Sells, Omnishopper and PLMA’a annual trade show in Chicago. Durham lives in Charlotte, NC with his wife, Laraine, and two daughters, Olivia and Sarah.