Bloomberg Law
Jan. 30, 2018, 6:05 PM UTC

Whole Foods Victory in Trademark Case Vacated on Appeal

Anandashankar Mazumdar

Whole Foods Market Inc.'s win in a trademark dispute over its use of the EatRight America brand was overturned by a federal appeals court yesterday.

The U.S. District Court for the Western District of Washington granted Whole Foods summary judgment on claims brought by Eat Right Foods Ltd., a former Whole Foods supplier. The trial court said that Eat Right had waited too long to bring its trademark case, and that it had acquiesced to Whole Foods’ use of the brand.

The U.S. Court of Appeals for the Ninth Circuit said that the trial court had failed to adequately consider ...

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