Barefoot Contessa sues California food company for intellectual property theft

Food Network host Ina Garten, often known as the Barefoot Contessa, is suing a California-based food company for selling unauthorized lookalikes of her frozen dinners.

Garten's Barefoot Contessa frozen dinners were produced by a third-party manufacturer called Contessa Premium Foods in Pennsylvania until spring 2014, when the company went out of business, reports Newsday. Soon after California-based OFI Foods bought Contessa Premium Foods (CPF). 

In a press release Garten's company says that Garten had no ownership in CPF, but OFI Foods did not purchase the licensing rights for the Barefoot Contessa brand when it took over the company. They were turned down during an attempt to become a licensee due to their lack of experience in the frozen-food business beyond seafood. OFI was given the rights to sell previously manufactured Barefoot Contessa foods for six months.

Garten filed suit in U.S. District Court in Manhattan in February, claiming that after OFI Foods sold off remaining Barefoot Contessa meals they manufactured a new line with similar branding. OFI refused to stop selling the dinners that they called Contessa Chef Inspired when requested. The frozen food bears packaging that is almost identical to what was used for Garten's meals. 

"The vast majority of [the frozen foods] are the same dinners using the same recipes as the dinners previously manufactured under the terminated license," the lawsuit says. "The continued production of products bearing the name 'Contessa Chef Inspired' and sold in a way that is virtually identical to 'Barefoot Contessa' dinners, represents clear infringement of our intellectual property rights."

The lawsuit asks for profits from any unauthorized sales, among other damages, and requests that sales of the dinners be stopped permanently. 

Intellectual property rights can be confusing to understand and deal with, which is why it's important to contact an experienced business attorney if you suspect your rights have been violated. 

Categorised in: Intellectual Property Law

This post was written by multi_admin