Tapatio Foods has filed a federal trademark lawsuit claiming two Missouri residents are infringing on its name and logo in the sale of THC resins.
In the complaint, Tapatio Foods accuses Raymond Alfred Castaneda Jr. and Katelyn Marie Doyle of trademark infringement, unfair competition, unfair competition and dilution.
Tapatio, which is based in California and known for its hot sauces and other food products, says Castanedo and Doyle have violated the Lanham Act.
"In approximately December 2022, defendants began to manufacture, sell (and) offer for sale THC rosins under a variety of marks that are confusingly similar to the Tapatio marks," the complaint states. "A rosin is a wax like substance containing a concentrated amount of THC derived from the cannabis sativa or indica plant (aka marijuana) made through a pressing process of cannabis flowers. The Tapatio Melts ... are advertised to the same class of consumers as goods sold by Tapatio.
"By using a mark that evokes the Tapatio marks in connection with the sale of products that illegally contain extracts of a Schedule 1 controlled substance, defendants have tarnished the reputation of the Tapatio marks."
Tapatio says it has been damaged by defendants’ by the likelihood customers, potential customers, businesses, retailers and vendors are likely to be confused as to the source or affiliation, sponsorship or approval of defendants’ products that bear the infringing trademarks, and the company says it has suffered irreparable injury to its goodwill.
Tapatio seeks a permanent injunction stopping the defendants from using the infringing trademarks as well as compensatory damages, treble damages, court costs, attorney fees and other relief.