Goya Food targets parental control app in trademark suit
US brand Goya Food wants a Delaware federal court to order the company behind the Goya-Move parental control app to drop the name.
In a complaint filed yesterday, January 21, Goya Food said it would not “tolerate [other brands] manufacturing turnkey brand recognition for their products by free-riding off the decades of goodwill and consumer recognition” it has developed.
P-ink Ventures, the company behind Goya-Move, was named as a defendant in the suit.
Goya Food, the “largest Hispanic-owned food company in the US”, sells Latin and Hispanic cuisine products, including spices, marinades, and beans.
The brand has spent more than 80 years developing its distinctive brand, the complaint said, and fears that this is now under threat from P-ink Ventures’ app Goya-Move.
According to its website, Goya-Move is a “parental control app that rewards kids with screen time based on completing tasks and steps”.
According to the suit, P-ink Ventures originally dropped a trademark application for “Goya-Move” following an opposition from the food brand, and “expressly represented to the plaintiff through counsel that it would cease use of the confusingly similar mark”.
Despite this undertaking, the company has begun marketing its app under the Goya-Move name, the complaint said.
Goya Food argues that the name is likely to cause confusion as it has also developed a strong reputation in the area of health and wellness.
The food brand cited its sponsorship of Michelle Obama’s ‘ Let’s Move!’ fitness campaign, as well as the US Department of Agriculture’s MyPlate healthy eating initiative.
The company has asked the court to award treble damages and all profits resulting from the use of the ‘Goya-Move’ name.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
Today's top stories:
Court overturns $10m Nintendo verdict
Perkins Coie named in $150m malpractice suit over patent ‘cover-up’
Already registered?
Login to your account
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk