August 23, 2006

In January of this year, Hinerwadel’s Inc. sued Isadore A. Rapasadi & Sons Inc. (“Rapasadi”) and General Bag Corp. (“General”), alleging that General sold unauthorized potato bags to Rapasadi with Hinerwadel’s trademark on them, and Rapasadi filled those bags with its own potatoes for sale to the public. Hinerwadel’s Grove, in business since 1914 and known for its clambakes and salt potatoes, accused General of manufacturing counterfeit salt potato bags, and alleged that the potatoes that Rapasadi used to fill the bags were inferior and harmed Hinerwadel’s reputation. Hinerwadel’s and Rapasadi settled their dispute on August 14th, and although the general terms are not disclosed, Rapasadi is only permitted to sell Hinerwadel’s salt potatoes until December 31, 2007, or earlier if Hinerwadel’s is unable to meet Rapasadi’s demands for salt potatoes. According to The Central New York Business Journal, “[t]he case began when an anonymous caller informed Hinerwadel’s of possible trademark infringement, according to court documents. The caller said Rapasadi & Sons had been selling its own unauthorized “Hinerwadel’s” salt potatoes since 2004 and indicated the company had a stash of several pallets of counterfeit bags bearing the Hinerwadel’s trademark.” Hinerwadel’s has one registered trademark with the USPTO, namely Registration No. 1,193,451, a word mark for Fresh New Potatoes (IC 031/US 046).

The Central New York Business Journal News Article: LINK
Isadore A. Rapasadi & Sons Inc. Website: LINK
U.S. Trademark No. 1,193,451: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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