TheJakartaPost

Please Update your browser

Your browser is out of date, and may not be compatible with our website. A list of the most popular web browsers can be found below.
Just click on the icons to get to the download page.

Jakarta Post

'Old Bay' spice maker McCormick is no fan of rival 'New Bae'

Christopher Yasiejko (Bloomberg)
Fri, December 14, 2018

Share This Article

Change Size

'Old Bay' spice maker McCormick is no fan of rival 'New Bae' `Old Bay' spice maker McCormick says rival `New Bae' is no joke (Bloomberg/-)

S

eafood junkies have been sprinkling Old Bay seasoning on their Chesapeake Bay crab since the 1930s, and the condiment has become a best-selling brand for Sparks, Maryland-based spice giant McCormick & Co. as well as a flavor enhancer in everything from sausages to popcorn to beer.

So, McCormick was not amused when an upstart spice maker, Primal Palate LLC, announced in October 2017 that it would start selling a seasoning blend called New Bae. In announcing the new product, Pittsburgh-based Primal admitted the name was “a terrible pun” intended to promote a “bay seasoning” using the texting-lingo shorthand for “Before Anyone Else.”

McCormick sued in Maryland federal court in Baltimore on Monday. The company says the New Bae name confuses consumers into thinking the two spices are related, and diminishes the good reputation and value of its Old Bay trademark.

"We do not see legal merit to the claims that McCormick has made," Primal Palate said Tuesday in a statement. "Primal Palate understands and respects McCormick’s desire to police its trademarks. However, in this instance, there is nothing actionable to police."

In April, McCormick sent Primal a cease-and-desist letter over New Bae. A month later, Primal’s lawyer acknowledged that the smaller company was seeking to piggyback on McCormick’s name recognition, according to the complaint.

Read also: Ginger, essential spice we can't live without

The lawyer said Primal is relatively new to the market and “sees McCormick as a foundation of the spice industry,” according to McCormick. He added, “In choosing the name ‘New Bae,’ Primal Palate was giving a ‘nod’ to the impact that the Old Bay seasoning has made on the spice market,” McCormick said.

The U.S. Patent and Trademark Office had planned to issue a trademark to Primal Palate until McCormick filed to oppose the registration. A hearing before the agency is likely to be held early next year.

McCormick wants New Bae pulled from the U.S. market. It also wants the destruction of all materials bearing the New Bae mark, and cash compensation including Primal’s profits and damages.

{

Your Opinion Matters

Share your experiences, suggestions, and any issues you've encountered on The Jakarta Post. We're here to listen.

Enter at least 30 characters
0 / 30

Thank You

Thank you for sharing your thoughts. We appreciate your feedback.