Trident Seafoods is seeking up to USD 25,000 (EUR 22,000) in a trademark-infringement lawsuit against supplement manufacturer Trident Brands.
Seattle, Washington, U.S.A.-based Trident Seafoods has used the term “TRIDENT” as a trade name and trademark since 1973 and has “spent considerable amounts promoting and protecting its brand,” the supplier said in a complaint filed in U.S. District Court for the Western District of Washington last month.
Since at least 2008, Trident Seafoods has used the TRIDENT trademark in connection with its nutritional and dietary supplements that contain, among other things, EPA and DHA omega-3 fatty acids.
“Due to Trident’s longstanding use of its marks, consumers and the industry rely upon and look for the TRIDENT name and mark as an indication that nutritional and dietary supplements identified by the TRIDENT name or mark originate from Trident,” the company said.
The company said in the complaint that as a result of its history, as well as the quality of the seafood, seafood products, and nutritional supplements, its TRIDENT trademarks are widely recognized throughout the United States and the world.
“As a consequence, the TRIDENT Trademarks symbolize valuable goodwill and reputation,” the company said.
Trident Seafoods alleges Trident Brands, which operates subsidiaries Trident Sports Nutrition Inc., Trident Health Inc., and Trident Brands Canada Ltd., competes with Trident in the manufacture, distribution, and sale of nutritional and dietary supplements.
“The supplements that Trident Brands manufactures include the same types of nutritional and dietary supplements that Trident offers to consumers under the TRIDENT Trademarks, including supplements that primarily feature EPA and DHA Omega-3 Fatty Acids,” Trident Seafoods said in the complaint.
Trident’s Brands’ supplement sales have caused confusion in the marketplace, Trident Seafoods said. Trident Seafoods said it received communications from third parties that were intended for Trident Brands relating to its manufacture and sale of dietary and nutritional supplements.
“Given the nature and intensity of the industry, that similarity is highly likely to give rise to further and even greater confusion among Trident’s customers, distributors, suppliers, and vendors,” Trident Seafoods said.
Trident Seafoods is seeking damages and up to USD 25,000 in treble damages, and is asking the court to force Trident Brands to refrain from using the “Trident” trade name or trademark or any other trade name or trademark confusingly similar to the TRIDENT’s trademarks.
Trident Seafoods said it first notified Trident Brands that the trademarks it was applying for – for nutritional and dietary supplements – would likely be confused with Trident Seafoods’ trademarks in January, 2012. In April 2021, “shortly after receiving communications from third parties intended for Trident Brands and thus learning that Trident Brands was using the name and mark ‘Trident’ in connection with its nutritional and dietary supplement products, Trident’s counsel wrote to Trident Brands informing it that its use of the name and mark ‘Trident’ infringed Trident’s rights in the TRIDENT trademarks,” the complaint said.
At the time, Trident demanded that Trident Brands immediately cease its use of the name and mark ‘Trident’ and conduct its business operations under a new name. The suit followed soon after.
