A California chain of Asian supermarkets that recently opened an outlet in Quincy is suing a similarly named Asian supermarket in Malden for trademark infringement.
In a suit filed this week in US District Court in Boston, 99 Ranch, which opened a store in Quincy in January, asks a judge to order 99 Asian Supermarket in Malden to knock it off and pay treble damages and lawyers' fees.
99 Ranch says it's been around since 1984, that the owners of 99 Asian knew that and deliberately copied not only 99 Ranch's name but its red-number, green-laurel logo (99 Ranch's logo is on the left above), and that it's time to stop the nonsense now that 99 Ranch is open just 20 miles from 99 Asian
The Infringing 99 Laurel and Infringing Name imitate the 99 Marks in such a manner that is not only likely to cause consumer confusion and deceive the public regarding the source, sponsorship, and/or affiliation of 99 Asian, but upon information and belief, has caused actual consumer confusion.
99 Asian’s use of the Infringing 99 Laurel and the Infringing Name is causing irreparable harm to 99 Ranch’s brand.
Federal trademark law limits claims to names and marks in particular fields, so the 99 Restaurant & Pub chain, which is neither a supermarket nor Asian, and uses a horseshoe instead of laurel in its logo, should have nothing to worry about