Extreme 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.