Impossible vs Incredible round two: Impossible Foods sues Zoglo's Incredible Food over 'confusingly similar' trademarks


By Elaine Watson, Food Navigator USA



Two years after securing a preliminary injunction to stop Nestlé from marketing its plant-based ‘Incredible Burger’ in the EU, Impossible Foods has filed a lawsuit in a bid to stop Toronto-based Zoglo's Incredible Food using the ‘Incredible’ mark on plant-based burgers and other products sold in Canada.


Impossible Foods - which recently accused Motif FoodWorks​​ of infringing on one of its US patents and has also been involved in a long-running trademark dispute with Impossible X​​ (now Impossible LLC) ​– said it had raised concerns that Zoglo's marks were “confusingly similar​” to its own back in July 2019 after Zoglo’s started filing trademark applications in June 2019, but said Zoglo’s had gone ahead with plans to launch a range of plant-based meat products under the ‘Incredible’ brand in September 2021.


While ‘Incredible’ and ‘Impossible’ are different words, as a Dutch court found in May 2020​​ when it ruled against Nestlé, there is potential for consumer confusion if both brands are operating in the same category, and are “marketed and sold to the same consumers and through the same retail channels of trade,"​ argued Impossible Foods, which filed a complaint* accusing Zoglo's of trademark infringement in federal court in Toronto this week.


Zoglo's COO Jim Delsnyder told us the company is not commenting on the litigation.


Letter of protest​ ...


'Confusingly similar...'​ Impossible Foods has invested 'significant time, money and energy' into brand building ...


The clash with Nestlé: From Incredible to Sensational...


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