cease-and-desist-letter.docx

1011-00003 · Waypoint Capital Partners · Pre-Litigation

cease-and-desist-letter.docx DOCUMENT Litigation

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CALDERWOOD & HARKNESS LLP Attorneys at Law 1251 Avenue of the Americas, 40th Floor New York, New York 10020 Telephone: (212) 554-8000 Facsimile: (212) 554-8001 www.calderwoodharkness.com

September 26, 2022

VIA Severin Partners LLC OVERNIGHT AND EMAIL CONFIDENTIAL

Karen A. Whitfield, Esq. General Counsel Brindoval Home Goods Inc. 7200 France Avenue South, Suite 300 Edina, Minnesota 55435

Re: Unauthorized Use of MERIDIAN and MERIDIAN FRESH Marks by Brindoval Home Goods Inc. — Trademark Infringement Our File: Matter No. 1011-00003

Dear Ms. Whitfield:

1. Introduction and Identification of Client

This firm represents Meridian Consumer Brands LLC ("MCB"), a Delaware limited liability company headquartered at 450 Park Avenue South, 14th Floor, New York, New York 10016. We write on MCB's behalf regarding the unauthorized and infringing use by Brindoval Home Goods Inc. ("Brindoval") of the trademark "MERIDIAN FRESH" and associated trade dress in connection with household cleaning products, as described more fully herein.

MCB is a leading consumer packaged goods company operating across household cleaning, personal care, and home fragrance product lines. MCB's products are distributed through major grocery, club, and e-commerce channels in all fifty (50) states of the United States. In fiscal year 2022, MCB generated total revenue of approximately Three Hundred Eighty-Seven Million Dollars ($387,000,000). MCB's flagship MERIDIAN-branded cleaning product line alone generated approximately Ninety-Four Million Five Hundred Thousand Dollars ($94,500,000) in revenue in fiscal year 2022, constituting approximately 24.4% of MCB's total annual revenue. MCB's significant market position and extensive consumer goodwill are the direct result of over a decade of continuous investment, innovation, and commercial success.

MCB has been selling household cleaning products under its MERIDIAN mark continuously since approximately 2011 — a period of over eleven (11) years of uninterrupted use in interstate commerce. During that time, MCB has built substantial consumer recognition and brand equity in the MERIDIAN mark, which is among the most recognized marks in the household cleaning product category.

The purpose of this letter is to demand that Brindoval immediately cease and desist from all use of the mark "MERIDIAN FRESH" and any confusingly similar mark or trade dress in connection with cleaning products or any related goods, and to take the additional remedial steps set forth in detail below. MCB has retained this firm to protect and enforce its valuable trademark rights, and we are authorized to take all actions necessary to ensure that those rights are fully preserved.

2. MCB's Trademark Rights

2.1 Registered Trademarks

MCB is the owner of three (3) federal trademark registrations on the Principal Register of the United States Patent and Trademark Office ("USPTO"), each of which is valid, subsisting, and in full force and effect:

(a) U.S. Registration No. 4,218,506 — MERIDIAN (standard character mark), registered August 14, 2012, in International Class 3 for cleaning preparations, including but not limited to all-purpose cleaners, glass cleaners, disinfecting sprays, and floor cleaners;

(b) U.S. Registration No. 5,034,771 — MERIDIAN CLEAN (standard character mark), registered October 18, 2016, in International Class 3 for cleaning preparations, including but not limited to all-purpose cleaners, glass cleaners, disinfecting sprays, and floor cleaners; and

(c) U.S. Registration No. 5,589,320 — MERIDIAN (stylized logo incorporating a wave device), registered July 10, 2018, in International Class 3 for cleaning preparations, including but not limited to all-purpose cleaners, glass cleaners, disinfecting sprays, and floor cleaners.

Copies of the registration certificates for each of the foregoing registrations are enclosed herewith for your reference. Each registration constitutes prima facie evidence of the validity of the mark, MCB's ownership of the mark, and MCB's exclusive right to use the mark in commerce in connection with the goods specified in the registration, pursuant to 15 U.S.C. § 1057(b).

Of particular note, the MERIDIAN mark (U.S. Registration No. 4,218,506) was registered on August 14, 2012, and has been in continuous use in commerce for over ten (10) years. MCB has filed all required affidavits and renewal documents with the USPTO to maintain the registration, and the registration has achieved or is approaching incontestable status under Section 15 of the Lanham Act, 15 U.S.C. § 1065. An incontestable registration constitutes conclusive evidence of the registrant's exclusive right to use the registered mark in commerce in connection with the specified goods, subject only to the limited statutory defenses enumerated in 15 U.S.C. § 1115(b).

2.2 Strength and Goodwill of the MERIDIAN Mark

MCB has sold household cleaning products — including all-purpose cleaners, glass cleaners, disinfecting sprays, and floor cleaners — under the MERIDIAN and MERIDIAN CLEAN marks continuously since approximately 2011. Over the course of more than eleven years of continuous use, MCB has made extensive investments in building the MERIDIAN brand and cultivating consumer loyalty in the marketplace for household cleaning products.

Since the initial launch of the MERIDIAN cleaning product line in 2011 through fiscal year 2022, MCB has invested a cumulative total of approximately Forty-Seven Million Two Hundred Thousand Dollars ($47,200,000) in advertising and promotion of the MERIDIAN cleaning product line, averaging approximately Three Million Nine Hundred Thirty Thousand Dollars ($3,930,000) per year. These investments have spanned national television advertising, digital and social media marketing, in-store promotional displays, consumer sampling programs, and trade marketing directed to retail partners.

As a direct and proximate result of these sustained investments, the MERIDIAN mark has acquired substantial consumer recognition, goodwill, and commercial strength in the marketplace for household cleaning products. MCB distributes its MERIDIAN-branded products through major grocery chains, warehouse club retailers, mass merchandisers, and e-commerce channels — including its own direct-to-consumer website and major third-party online marketplaces — reaching consumers nationwide in all fifty (50) states.

MCB's significant investment in brand building, long and continuous use in commerce, and extensive commercial success — reflected in approximately $94.5 million in annual sales of MERIDIAN-branded cleaning products alone — have made MERIDIAN a well-known and commercially valuable mark in International Class 3 for cleaning preparations. The MERIDIAN mark is an essential component of MCB's corporate identity and represents a substantial portion of the company's overall enterprise value.

3. Brindoval's Infringing Activities

3.1 The MERIDIAN FRESH Mark

MCB has recently become aware that Brindoval Home Goods Inc., a Minnesota corporation headquartered in Edina, Minnesota, launched a private-label line of household cleaning products under the mark "MERIDIAN FRESH" in or about July 2022. The MERIDIAN FRESH product line includes, without limitation, all-purpose spray, glass cleaner, disinfecting wipes, and dish soap — products that are identical or closely related to MCB's MERIDIAN-branded cleaning products.

Brindoval's MERIDIAN FRESH products are being sold in all one hundred forty-eight (148) of Brindoval's retail store locations across twelve (12) Midwestern and Mountain West states, as well as on Brindoval's e-commerce platform accessible at www.crestviewhomegoods.com. This distribution is extensive and is reaching a large number of consumers who are likely to encounter both Brindoval's MERIDIAN FRESH products and MCB's MERIDIAN products in the same or overlapping trade channels.

Furthermore, MCB's investigation has revealed that Brindoval filed U.S. Trademark Application Serial No. 97/412,558 for MERIDIAN FRESH (standard character mark) in International Class 3 (cleaning preparations) with the United States Patent and Trademark Office on May 12, 2022. This application was published for opposition in the Official Gazette on September 6, 2022. MCB intends to oppose this application, as set forth more fully below.

The filing of this trademark application and the subsequent commercial launch of the MERIDIAN FRESH product line in July 2022 — both of which occurred long after MCB's establishment and registration of the MERIDIAN mark — demonstrate that Brindoval adopted the MERIDIAN FRESH mark with knowledge of, or in reckless disregard for, MCB's prior and superior rights.

3.2 Confusingly Similar Trade Dress

In addition to adopting a mark that incorporates MCB's registered MERIDIAN trademark in its entirety, Brindoval has compounded the likelihood of confusion by employing product packaging and trade dress that is strikingly similar to MCB's well-established MERIDIAN brand presentation.

Specifically, the Brindoval MERIDIAN FRESH packaging employs a teal-and-white color scheme and incorporates a stylized wave device as a prominent design element. These trade dress elements are confusingly similar to those embodied in MCB's registered MERIDIAN stylized logo with wave device, which is the subject of U.S. Registration No. 5,589,320. MCB has used this distinctive teal-and-white color scheme and wave device consistently across its MERIDIAN cleaning product line for years, and consumers have come to associate this trade dress with MCB as the source of the products.

The overall visual impression of Brindoval's MERIDIAN FRESH packaging — including the teal-and-white color palette, the wave device, and the prominent display of the word "MERIDIAN" as the dominant element of the brand name — is strikingly similar to, and likely to be confused with, MCB's well-established MERIDIAN packaging and trade dress. The cumulative effect of these similarities, considered in their totality, creates a strong likelihood that consumers will mistakenly believe that Brindoval's MERIDIAN FRESH products are manufactured, distributed, sponsored, licensed, or otherwise affiliated with MCB.

4. Likelihood of Confusion Analysis

Brindoval's use of the MERIDIAN FRESH mark and associated trade dress in connection with household cleaning products is likely to cause consumer confusion, mistake, or deception as to the source, sponsorship, affiliation, or association of Brindoval's products with MCB. An analysis of the relevant factors governing the likelihood of confusion inquiry confirms that the risk of consumer confusion is substantial and, indeed, virtually inevitable.

Strength of MCB's Marks. The MERIDIAN mark is a commercially strong mark with over a decade of continuous and exclusive use in connection with household cleaning products. MCB has generated approximately $94.5 million in annual sales under the mark, and has invested a cumulative total of approximately $47.2 million in advertising and promotion. These facts establish a mark of considerable commercial strength and consumer recognition. A strong mark is entitled to a correspondingly broad scope of protection.

Similarity of the Marks. The mark "MERIDIAN FRESH" is virtually identical to MCB's registered marks MERIDIAN and MERIDIAN CLEAN. Brindoval's mark incorporates MCB's MERIDIAN mark in its entirety and merely appends the descriptive or suggestive term "FRESH" — a generic adjective commonly used in connection with cleaning products that does nothing to distinguish Brindoval's mark from MCB's. The dominant portion of Brindoval's mark is "MERIDIAN," which is MCB's registered trademark. It is well established that the addition of a generic or descriptive term to a registered mark does not avoid a likelihood of confusion; indeed, such an addition may compound confusion by suggesting a product line extension or variant of the senior mark owner's existing products.

Proximity of the Goods. Both MCB and Brindoval sell household cleaning products in International Class 3, including all-purpose cleaners, glass cleaners, and disinfecting products. The goods are not merely related — they are identical and directly overlapping. When the marks at issue are used on identical goods, even a lesser degree of similarity between the marks may suffice to establish a likelihood of confusion. Here, the marks are nearly identical and the goods are the same, making confusion all but certain.

Channels of Trade. Both MCB and Brindoval sell their respective household cleaning products through retail store locations and e-commerce platforms. MCB's products are distributed through major grocery, club, and e-commerce channels nationwide. Brindoval operates 148 retail locations across twelve Midwestern and Mountain West states — states in which MCB also distributes its products — and sells products through its own e-commerce website. The overlapping channels of trade increase the probability that consumers will encounter both parties' products in the same retail environments and online marketplaces.

Consumer Sophistication. Household cleaning products are low-cost, frequently purchased consumer goods. Consumers shopping for such products exercise relatively little care in distinguishing among brands and are more susceptible to confusion arising from similar marks and trade dress. The low degree of consumer sophistication applicable to purchases in this product category substantially increases the likelihood of confusion.

Trade Dress Similarity. As detailed in Section 3.2 above, Brindoval's adoption of a teal-and-white color scheme and a stylized wave device closely mimics the trade dress associated with MCB's registered MERIDIAN stylized logo (U.S. Registration No. 5,589,320). This visual similarity compounds the confusion created by the similarity of the marks themselves and further increases the likelihood that consumers will associate Brindoval's products with MCB.

Considered together, each of the foregoing factors weighs heavily in MCB's favor and supports the conclusion that Brindoval's use of the MERIDIAN FRESH mark and associated trade dress creates a strong likelihood of confusion among consumers.

5. Legal Basis for MCB's Claims

Brindoval's conduct, as described herein, constitutes violations of federal and state law, including but not limited to the following:

Trademark Infringement under the Lanham Act, 15 U.S.C. § 1114(1). Brindoval's use in commerce of the mark "MERIDIAN FRESH" in connection with household cleaning products — goods for which MCB holds valid federal trademark registrations on the Principal Register — constitutes trademark infringement in violation of Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1). Brindoval's use of a mark that is confusingly similar to MCB's registered marks, in connection with identical goods, is likely to cause confusion, to cause mistake, or to deceive consumers as to the source, sponsorship, or affiliation of Brindoval's products.

False Designation of Origin under the Lanham Act, 15 U.S.C. § 1125(a). Brindoval's use of the MERIDIAN FRESH mark and confusingly similar trade dress — including the teal-and-white color scheme and stylized wave device — in connection with household cleaning products constitutes a false designation of origin, false or misleading description of fact, and false or misleading representation of fact in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Brindoval's conduct is likely to cause confusion, to cause mistake, or to deceive consumers as to the affiliation, connection, association, origin, or sponsorship of Brindoval's products with MCB, or as to whether Brindoval's products are approved, endorsed, or authorized by MCB.

State Law Claims. In addition to the foregoing federal claims, MCB expressly reserves all claims available under applicable state trademark and unfair competition laws, including but not limited to claims for trademark dilution under New York General Business Law § 360-l, as well as common law claims for unfair competition and trademark infringement under the laws of each state in which Brindoval's infringing products have been offered for sale, distributed, or advertised.

Under the Lanham Act and applicable state law, MCB is entitled to seek and obtain injunctive relief to restrain Brindoval's continuing infringement, actual damages sustained by MCB, all profits realized by Brindoval that are attributable to the infringement, enhanced (treble) damages if the infringement is found to have been willful, reasonable attorney fees and costs as an exceptional case under 15 U.S.C. § 1117(a), and destruction of all infringing articles under 15 U.S.C. § 1118. MCB reserves each of these remedies fully.

6. Demands

In light of the foregoing, MCB hereby demands that Brindoval Home Goods Inc. take each of the following actions immediately and in no event later than fifteen (15) business days from the date of this letter (i.e., no later than October 18, 2022):

1. Cease All Use. Brindoval must immediately cease and permanently discontinue all use of the mark "MERIDIAN FRESH" and any mark that is confusingly similar to MERIDIAN or MERIDIAN CLEAN, in any form whatsoever, including but not limited to use on product packaging, product labeling, in-store signage, advertising and promotional materials (whether in print, digital, broadcast, or any other medium), on www.crestviewhomegoods.com, and on all other websites, social media platforms, and digital channels, in connection with cleaning products or any related goods in International Class 3 or any other international class of goods or services.

2. Remove from Sale and Recall. Brindoval must immediately remove from sale and recall all products bearing the MERIDIAN FRESH mark and/or the infringing teal-and-white trade dress and wave device from all one hundred forty-eight (148) Brindoval retail store locations, Brindoval's e-commerce platform, and any and all other sales channels, whether operated by Brindoval directly or by any third party on Brindoval's behalf.

3. Destroy Infringing Materials. Brindoval must destroy all packaging, labels, advertising materials, promotional materials, displays, and any other materials of any kind bearing the MERIDIAN FRESH mark and/or the infringing trade dress, including all electronic files and digital assets. Alternatively, Brindoval may provide MCB with a verified written accounting and satisfactory proof of destruction of all such materials, in a form acceptable to MCB.

4. Withdraw Pending Trademark Application. Brindoval must file an express abandonment of its pending U.S. Trademark Application Serial No. 97/412,558 for MERIDIAN FRESH in International Class 3 with the United States Patent and Trademark Office, and must expressly abandon any and all claims to rights in the MERIDIAN FRESH mark or any mark incorporating the term MERIDIAN in connection with cleaning products or related goods.

5. Provide a Full Accounting. Brindoval must provide MCB, through the undersigned counsel, with a complete and accurate accounting of:

(a) the date on which Brindoval first used the MERIDIAN FRESH mark in commerce, whether in connection with sales, advertising, solicitation, or otherwise;

(b) all revenues and profits derived by Brindoval from the sale of MERIDIAN FRESH products from the date of first use through the date of compliance with this demand;

(c) the total quantity of all MERIDIAN FRESH products manufactured, distributed, and sold by Brindoval, broken down by product type (e.g., all-purpose spray, glass cleaner, disinfecting wipes, dish soap) and by sales channel (retail store vs. e-commerce); and

(d) all advertising and marketing expenditures incurred by Brindoval in connection with the promotion of the MERIDIAN FRESH product line.

6. Provide Written Confirmation. Brindoval must provide written confirmation to the undersigned that each and every one of the foregoing demands has been fully satisfied, in the form of a sworn declaration executed by an authorized officer of Brindoval Home Goods Inc. under penalty of perjury.

7. Reservation of Rights and Warning of Legal Action

MCB expressly reserves all rights and remedies available to it under federal and state law, whether at law or in equity. Without limiting the generality of the foregoing, MCB reserves the right to seek:

(a) a temporary restraining order and preliminary and permanent injunctive relief to restrain Brindoval from further infringing MCB's trademark rights;

(b) actual damages sustained by MCB and/or an award of Brindoval's profits attributable to the infringement, pursuant to 15 U.S.C. § 1117(a);

(c) enhanced (treble) damages in the event that Brindoval's infringement is found to have been willful and deliberate, as the circumstances of this matter suggest;

(d) reasonable attorney fees and costs as an exceptional case under 15 U.S.C. § 1117(a);

(e) destruction of all infringing articles, pursuant to 15 U.S.C. § 1118; and

(f) any and all other relief to which MCB may be entitled under applicable law.

This letter is not intended to be, and shall not be construed as, a complete or exhaustive statement of MCB's rights, claims, or remedies, or of all facts and law applicable to this matter. MCB expressly reserves the right to assert additional claims, legal theories, and factual bases as may be warranted upon further investigation, including any claims that may arise from Brindoval's failure to comply with the demands set forth herein.

Please be advised that if Brindoval fails to comply fully with each and every one of the foregoing demands within the specified time period, MCB is prepared to pursue all available legal remedies without further notice to Brindoval. Such remedies will include, without limitation, the filing of a federal trademark infringement action against Brindoval Home Goods Inc. in the United States District Court, seeking injunctive relief, damages, profits, enhanced damages, attorney fees, and all other available relief. In addition, MCB will file a formal Notice of Opposition against Brindoval's pending trademark application, U.S. Serial No. 97/412,558, before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. As noted above, this application was published for opposition on September 6, 2022, and the opposition period is currently open.

MCB's willingness to engage in correspondence prior to initiating litigation should not be interpreted as any indication that MCB will hesitate to pursue its full legal rights. MCB takes the protection of its intellectual property with the utmost seriousness and will not tolerate continued infringement of its marks.

8. Request for Response

Please direct all responses and communications regarding this matter to the undersigned at:

Alan Ngo, Esq. Calderwood & Harkness LLP 1251 Avenue of the Americas, 40th Floor New York, New York 10020 Telephone: (212) 554-8247

Email: ango@calderwoodharkness.com

MCB requests that Brindoval provide a substantive written response to this letter within fifteen (15) business days of the date hereof — that is, no later than October 18, 2022. MCB is willing to discuss an orderly resolution of this matter, but only upon Brindoval's immediate cessation of all infringing activities as described herein and Brindoval's demonstrated good-faith commitment to complying with the demands set forth above.

9. Confidentiality Notice

This letter and its contents are confidential and are transmitted in connection with the resolution of a bona fide dispute between MCB and Brindoval. This letter is not intended to be, and shall not be deemed to constitute, a waiver of any rights, privileges, or defenses available to MCB, including without limitation the attorney-client privilege and the work product doctrine. Nothing contained in this letter shall be construed as an admission or concession of any fact or legal position by MCB or as a limitation on the claims, arguments, or remedies that MCB may assert or pursue in any forum.

Sincerely,

CALDERWOOD & HARKNESS LLP

By: ________

Alan Ngo Partner Direct Telephone: (212) 554-8247

Email: ango@calderwoodharkness.com

Matter No. 1011-00003

cc: Thomas R. Hennessy, General Counsel, Meridian Consumer Brands LLC

Enclosures:

1. Certified Copy — U.S. Registration Certificate, Registration No. 4,218,506 (MERIDIAN, standard character mark)

2. Certified Copy — U.S. Registration Certificate, Registration No. 5,034,771 (MERIDIAN CLEAN, standard character mark)

3. Certified Copy — U.S. Registration Certificate, Registration No. 5,589,320 (MERIDIAN, stylized logo with wave device)

CONFIDENTIAL — This communication is intended solely for the addressee(s) identified above and may contain information that is privileged, confidential, or otherwise exempt from disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this communication in error, please notify the sender immediately and destroy all copies.

CALDERWOOD & HARKNESS LLP Attorneys at Law 1251 Avenue of the Americas, 40th Floor New York, New York 10020 Telephone: (212) 554-8000 Facsimile: (212) 554-8001 www.calderwoodharkness.com
September 26, 2022
VIA Severin Partners LLC OVERNIGHT AND EMAIL CONFIDENTIAL
Karen A. Whitfield, Esq. General Counsel Brindoval Home Goods Inc. 7200 France Avenue South, Suite 300 Edina, Minnesota 55435
Re: Unauthorized Use of MERIDIAN and MERIDIAN FRESH Marks by Brindoval Home Goods Inc. — Trademark Infringement Our File: Matter No. 1011-00003
Dear Ms. Whitfield:
1. Introduction and Identification of Client
This firm represents Meridian Consumer Brands LLC ("MCB"), a Delaware limited liability company headquartered at 450 Park Avenue South, 14th Floor, New York, New York 10016. We write on MCB's behalf regarding the unauthorized and infringing use by Brindoval Home Goods Inc. ("Brindoval") of the trademark "MERIDIAN FRESH" and associated trade dress in connection with household cleaning products, as described more fully herein.
MCB is a leading consumer packaged goods company operating across household cleaning, personal care, and home fragrance product lines. MCB's products are distributed through major grocery, club, and e-commerce channels in all fifty (50) states of the United States. In fiscal year 2022, MCB generated total revenue of approximately Three Hundred Eighty-Seven Million Dollars ($387,000,000). MCB's flagship MERIDIAN-branded cleaning product line alone generated approximately Ninety-Four Million Five Hundred Thousand Dollars ($94,500,000) in revenue in fiscal year 2022, constituting approximately 24.4% of MCB's total annual revenue. MCB's significant market position and extensive consumer goodwill are the direct result of over a decade of continuous investment, innovation, and commercial success.
MCB has been selling household cleaning products under its MERIDIAN mark continuously since approximately 2011 — a period of over eleven (11) years of uninterrupted use in interstate commerce. During that time, MCB has built substantial consumer recognition and brand equity in the MERIDIAN mark, which is among the most recognized marks in the household cleaning product category.
The purpose of this letter is to demand that Brindoval immediately cease and desist from all use of the mark "MERIDIAN FRESH" and any confusingly similar mark or trade dress in connection with cleaning products or any related goods, and to take the additional remedial steps set forth in detail below. MCB has retained this firm to protect and enforce its valuable trademark rights, and we are authorized to take all actions necessary to ensure that those rights are fully preserved.
2. MCB's Trademark Rights
2.1 Registered Trademarks
MCB is the owner of three (3) federal trademark registrations on the Principal Register of the United States Patent and Trademark Office ("USPTO"), each of which is valid, subsisting, and in full force and effect:
(a) U.S. Registration No. 4,218,506 — MERIDIAN (standard character mark), registered August 14, 2012, in International Class 3 for cleaning preparations, including but not limited to all-purpose cleaners, glass cleaners, disinfecting sprays, and floor cleaners;
(b) U.S. Registration No. 5,034,771 — MERIDIAN CLEAN (standard character mark), registered October 18, 2016, in International Class 3 for cleaning preparations, including but not limited to all-purpose cleaners, glass cleaners, disinfecting sprays, and floor cleaners; and
(c) U.S. Registration No. 5,589,320 — MERIDIAN (stylized logo incorporating a wave device), registered July 10, 2018, in International Class 3 for cleaning preparations, including but not limited to all-purpose cleaners, glass cleaners, disinfecting sprays, and floor cleaners.
Copies of the registration certificates for each of the foregoing registrations are enclosed herewith for your reference. Each registration constitutes prima facie evidence of the validity of the mark, MCB's ownership of the mark, and MCB's exclusive right to use the mark in commerce in connection with the goods specified in the registration, pursuant to 15 U.S.C. § 1057(b).
Of particular note, the MERIDIAN mark (U.S. Registration No. 4,218,506) was registered on August 14, 2012, and has been in continuous use in commerce for over ten (10) years. MCB has filed all required affidavits and renewal documents with the USPTO to maintain the registration, and the registration has achieved or is approaching incontestable status under Section 15 of the Lanham Act, 15 U.S.C. § 1065. An incontestable registration constitutes conclusive evidence of the registrant's exclusive right to use the registered mark in commerce in connection with the specified goods, subject only to the limited statutory defenses enumerated in 15 U.S.C. § 1115(b).
2.2 Strength and Goodwill of the MERIDIAN Mark
MCB has sold household cleaning products — including all-purpose cleaners, glass cleaners, disinfecting sprays, and floor cleaners — under the MERIDIAN and MERIDIAN CLEAN marks continuously since approximately 2011. Over the course of more than eleven years of continuous use, MCB has made extensive investments in building the MERIDIAN brand and cultivating consumer loyalty in the marketplace for household cleaning products.
Since the initial launch of the MERIDIAN cleaning product line in 2011 through fiscal year 2022, MCB has invested a cumulative total of approximately Forty-Seven Million Two Hundred Thousand Dollars ($47,200,000) in advertising and promotion of the MERIDIAN cleaning product line, averaging approximately Three Million Nine Hundred Thirty Thousand Dollars ($3,930,000) per year. These investments have spanned national television advertising, digital and social media marketing, in-store promotional displays, consumer sampling programs, and trade marketing directed to retail partners.
As a direct and proximate result of these sustained investments, the MERIDIAN mark has acquired substantial consumer recognition, goodwill, and commercial strength in the marketplace for household cleaning products. MCB distributes its MERIDIAN-branded products through major grocery chains, warehouse club retailers, mass merchandisers, and e-commerce channels — including its own direct-to-consumer website and major third-party online marketplaces — reaching consumers nationwide in all fifty (50) states.
MCB's significant investment in brand building, long and continuous use in commerce, and extensive commercial success — reflected in approximately $94.5 million in annual sales of MERIDIAN-branded cleaning products alone — have made MERIDIAN a well-known and commercially valuable mark in International Class 3 for cleaning preparations. The MERIDIAN mark is an essential component of MCB's corporate identity and represents a substantial portion of the company's overall enterprise value.
3. Brindoval's Infringing Activities
3.1 The MERIDIAN FRESH Mark
MCB has recently become aware that Brindoval Home Goods Inc., a Minnesota corporation headquartered in Edina, Minnesota, launched a private-label line of household cleaning products under the mark "MERIDIAN FRESH" in or about July 2022. The MERIDIAN FRESH product line includes, without limitation, all-purpose spray, glass cleaner, disinfecting wipes, and dish soap — products that are identical or closely related to MCB's MERIDIAN-branded cleaning products.
Brindoval's MERIDIAN FRESH products are being sold in all one hundred forty-eight (148) of Brindoval's retail store locations across twelve (12) Midwestern and Mountain West states, as well as on Brindoval's e-commerce platform accessible at www.crestviewhomegoods.com. This distribution is extensive and is reaching a large number of consumers who are likely to encounter both Brindoval's MERIDIAN FRESH products and MCB's MERIDIAN products in the same or overlapping trade channels.
Furthermore, MCB's investigation has revealed that Brindoval filed U.S. Trademark Application Serial No. 97/412,558 for MERIDIAN FRESH (standard character mark) in International Class 3 (cleaning preparations) with the United States Patent and Trademark Office on May 12, 2022. This application was published for opposition in the Official Gazette on September 6, 2022. MCB intends to oppose this application, as set forth more fully below.
The filing of this trademark application and the subsequent commercial launch of the MERIDIAN FRESH product line in July 2022 — both of which occurred long after MCB's establishment and registration of the MERIDIAN mark — demonstrate that Brindoval adopted the MERIDIAN FRESH mark with knowledge of, or in reckless disregard for, MCB's prior and superior rights.
3.2 Confusingly Similar Trade Dress
In addition to adopting a mark that incorporates MCB's registered MERIDIAN trademark in its entirety, Brindoval has compounded the likelihood of confusion by employing product packaging and trade dress that is strikingly similar to MCB's well-established MERIDIAN brand presentation.
Specifically, the Brindoval MERIDIAN FRESH packaging employs a teal-and-white color scheme and incorporates a stylized wave device as a prominent design element. These trade dress elements are confusingly similar to those embodied in MCB's registered MERIDIAN stylized logo with wave device, which is the subject of U.S. Registration No. 5,589,320. MCB has used this distinctive teal-and-white color scheme and wave device consistently across its MERIDIAN cleaning product line for years, and consumers have come to associate this trade dress with MCB as the source of the products.
The overall visual impression of Brindoval's MERIDIAN FRESH packaging — including the teal-and-white color palette, the wave device, and the prominent display of the word "MERIDIAN" as the dominant element of the brand name — is strikingly similar to, and likely to be confused with, MCB's well-established MERIDIAN packaging and trade dress. The cumulative effect of these similarities, considered in their totality, creates a strong likelihood that consumers will mistakenly believe that Brindoval's MERIDIAN FRESH products are manufactured, distributed, sponsored, licensed, or otherwise affiliated with MCB.
4. Likelihood of Confusion Analysis
Brindoval's use of the MERIDIAN FRESH mark and associated trade dress in connection with household cleaning products is likely to cause consumer confusion, mistake, or deception as to the source, sponsorship, affiliation, or association of Brindoval's products with MCB. An analysis of the relevant factors governing the likelihood of confusion inquiry confirms that the risk of consumer confusion is substantial and, indeed, virtually inevitable.
Strength of MCB's Marks. The MERIDIAN mark is a commercially strong mark with over a decade of continuous and exclusive use in connection with household cleaning products. MCB has generated approximately $94.5 million in annual sales under the mark, and has invested a cumulative total of approximately $47.2 million in advertising and promotion. These facts establish a mark of considerable commercial strength and consumer recognition. A strong mark is entitled to a correspondingly broad scope of protection.
Similarity of the Marks. The mark "MERIDIAN FRESH" is virtually identical to MCB's registered marks MERIDIAN and MERIDIAN CLEAN. Brindoval's mark incorporates MCB's MERIDIAN mark in its entirety and merely appends the descriptive or suggestive term "FRESH" — a generic adjective commonly used in connection with cleaning products that does nothing to distinguish Brindoval's mark from MCB's. The dominant portion of Brindoval's mark is "MERIDIAN," which is MCB's registered trademark. It is well established that the addition of a generic or descriptive term to a registered mark does not avoid a likelihood of confusion; indeed, such an addition may compound confusion by suggesting a product line extension or variant of the senior mark owner's existing products.
Proximity of the Goods. Both MCB and Brindoval sell household cleaning products in International Class 3, including all-purpose cleaners, glass cleaners, and disinfecting products. The goods are not merely related — they are identical and directly overlapping. When the marks at issue are used on identical goods, even a lesser degree of similarity between the marks may suffice to establish a likelihood of confusion. Here, the marks are nearly identical and the goods are the same, making confusion all but certain.
Channels of Trade. Both MCB and Brindoval sell their respective household cleaning products through retail store locations and e-commerce platforms. MCB's products are distributed through major grocery, club, and e-commerce channels nationwide. Brindoval operates 148 retail locations across twelve Midwestern and Mountain West states — states in which MCB also distributes its products — and sells products through its own e-commerce website. The overlapping channels of trade increase the probability that consumers will encounter both parties' products in the same retail environments and online marketplaces.
Consumer Sophistication. Household cleaning products are low-cost, frequently purchased consumer goods. Consumers shopping for such products exercise relatively little care in distinguishing among brands and are more susceptible to confusion arising from similar marks and trade dress. The low degree of consumer sophistication applicable to purchases in this product category substantially increases the likelihood of confusion.
Trade Dress Similarity. As detailed in Section 3.2 above, Brindoval's adoption of a teal-and-white color scheme and a stylized wave device closely mimics the trade dress associated with MCB's registered MERIDIAN stylized logo (U.S. Registration No. 5,589,320). This visual similarity compounds the confusion created by the similarity of the marks themselves and further increases the likelihood that consumers will associate Brindoval's products with MCB.
Considered together, each of the foregoing factors weighs heavily in MCB's favor and supports the conclusion that Brindoval's use of the MERIDIAN FRESH mark and associated trade dress creates a strong likelihood of confusion among consumers.
5. Legal Basis for MCB's Claims
Brindoval's conduct, as described herein, constitutes violations of federal and state law, including but not limited to the following:
Trademark Infringement under the Lanham Act, 15 U.S.C. § 1114(1). Brindoval's use in commerce of the mark "MERIDIAN FRESH" in connection with household cleaning products — goods for which MCB holds valid federal trademark registrations on the Principal Register — constitutes trademark infringement in violation of Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1). Brindoval's use of a mark that is confusingly similar to MCB's registered marks, in connection with identical goods, is likely to cause confusion, to cause mistake, or to deceive consumers as to the source, sponsorship, or affiliation of Brindoval's products.
False Designation of Origin under the Lanham Act, 15 U.S.C. § 1125(a). Brindoval's use of the MERIDIAN FRESH mark and confusingly similar trade dress — including the teal-and-white color scheme and stylized wave device — in connection with household cleaning products constitutes a false designation of origin, false or misleading description of fact, and false or misleading representation of fact in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Brindoval's conduct is likely to cause confusion, to cause mistake, or to deceive consumers as to the affiliation, connection, association, origin, or sponsorship of Brindoval's products with MCB, or as to whether Brindoval's products are approved, endorsed, or authorized by MCB.
State Law Claims. In addition to the foregoing federal claims, MCB expressly reserves all claims available under applicable state trademark and unfair competition laws, including but not limited to claims for trademark dilution under New York General Business Law § 360-l, as well as common law claims for unfair competition and trademark infringement under the laws of each state in which Brindoval's infringing products have been offered for sale, distributed, or advertised.
Under the Lanham Act and applicable state law, MCB is entitled to seek and obtain injunctive relief to restrain Brindoval's continuing infringement, actual damages sustained by MCB, all profits realized by Brindoval that are attributable to the infringement, enhanced (treble) damages if the infringement is found to have been willful, reasonable attorney fees and costs as an exceptional case under 15 U.S.C. § 1117(a), and destruction of all infringing articles under 15 U.S.C. § 1118. MCB reserves each of these remedies fully.
6. Demands
In light of the foregoing, MCB hereby demands that Brindoval Home Goods Inc. take each of the following actions immediately and in no event later than fifteen (15) business days from the date of this letter (i.e., no later than October 18, 2022):
1. Cease All Use. Brindoval must immediately cease and permanently discontinue all use of the mark "MERIDIAN FRESH" and any mark that is confusingly similar to MERIDIAN or MERIDIAN CLEAN, in any form whatsoever, including but not limited to use on product packaging, product labeling, in-store signage, advertising and promotional materials (whether in print, digital, broadcast, or any other medium), on www.crestviewhomegoods.com, and on all other websites, social media platforms, and digital channels, in connection with cleaning products or any related goods in International Class 3 or any other international class of goods or services.
2. Remove from Sale and Recall. Brindoval must immediately remove from sale and recall all products bearing the MERIDIAN FRESH mark and/or the infringing teal-and-white trade dress and wave device from all one hundred forty-eight (148) Brindoval retail store locations, Brindoval's e-commerce platform, and any and all other sales channels, whether operated by Brindoval directly or by any third party on Brindoval's behalf.
3. Destroy Infringing Materials. Brindoval must destroy all packaging, labels, advertising materials, promotional materials, displays, and any other materials of any kind bearing the MERIDIAN FRESH mark and/or the infringing trade dress, including all electronic files and digital assets. Alternatively, Brindoval may provide MCB with a verified written accounting and satisfactory proof of destruction of all such materials, in a form acceptable to MCB.
4. Withdraw Pending Trademark Application. Brindoval must file an express abandonment of its pending U.S. Trademark Application Serial No. 97/412,558 for MERIDIAN FRESH in International Class 3 with the United States Patent and Trademark Office, and must expressly abandon any and all claims to rights in the MERIDIAN FRESH mark or any mark incorporating the term MERIDIAN in connection with cleaning products or related goods.
5. Provide a Full Accounting. Brindoval must provide MCB, through the undersigned counsel, with a complete and accurate accounting of:
(a) the date on which Brindoval first used the MERIDIAN FRESH mark in commerce, whether in connection with sales, advertising, solicitation, or otherwise;
(b) all revenues and profits derived by Brindoval from the sale of MERIDIAN FRESH products from the date of first use through the date of compliance with this demand;
(c) the total quantity of all MERIDIAN FRESH products manufactured, distributed, and sold by Brindoval, broken down by product type (e.g., all-purpose spray, glass cleaner, disinfecting wipes, dish soap) and by sales channel (retail store vs. e-commerce); and
(d) all advertising and marketing expenditures incurred by Brindoval in connection with the promotion of the MERIDIAN FRESH product line.
6. Provide Written Confirmation. Brindoval must provide written confirmation to the undersigned that each and every one of the foregoing demands has been fully satisfied, in the form of a sworn declaration executed by an authorized officer of Brindoval Home Goods Inc. under penalty of perjury.
7. Reservation of Rights and Warning of Legal Action
MCB expressly reserves all rights and remedies available to it under federal and state law, whether at law or in equity. Without limiting the generality of the foregoing, MCB reserves the right to seek:
(a) a temporary restraining order and preliminary and permanent injunctive relief to restrain Brindoval from further infringing MCB's trademark rights;
(b) actual damages sustained by MCB and/or an award of Brindoval's profits attributable to the infringement, pursuant to 15 U.S.C. § 1117(a);
(c) enhanced (treble) damages in the event that Brindoval's infringement is found to have been willful and deliberate, as the circumstances of this matter suggest;
(d) reasonable attorney fees and costs as an exceptional case under 15 U.S.C. § 1117(a);
(e) destruction of all infringing articles, pursuant to 15 U.S.C. § 1118; and
(f) any and all other relief to which MCB may be entitled under applicable law.
This letter is not intended to be, and shall not be construed as, a complete or exhaustive statement of MCB's rights, claims, or remedies, or of all facts and law applicable to this matter. MCB expressly reserves the right to assert additional claims, legal theories, and factual bases as may be warranted upon further investigation, including any claims that may arise from Brindoval's failure to comply with the demands set forth herein.
Please be advised that if Brindoval fails to comply fully with each and every one of the foregoing demands within the specified time period, MCB is prepared to pursue all available legal remedies without further notice to Brindoval. Such remedies will include, without limitation, the filing of a federal trademark infringement action against Brindoval Home Goods Inc. in the United States District Court, seeking injunctive relief, damages, profits, enhanced damages, attorney fees, and all other available relief. In addition, MCB will file a formal Notice of Opposition against Brindoval's pending trademark application, U.S. Serial No. 97/412,558, before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. As noted above, this application was published for opposition on September 6, 2022, and the opposition period is currently open.
MCB's willingness to engage in correspondence prior to initiating litigation should not be interpreted as any indication that MCB will hesitate to pursue its full legal rights. MCB takes the protection of its intellectual property with the utmost seriousness and will not tolerate continued infringement of its marks.
8. Request for Response
Please direct all responses and communications regarding this matter to the undersigned at:
Alan Ngo, Esq. Calderwood & Harkness LLP 1251 Avenue of the Americas, 40th Floor New York, New York 10020 Telephone: (212) 554-8247
Email: ango@calderwoodharkness.com
MCB requests that Brindoval provide a substantive written response to this letter within fifteen (15) business days of the date hereof — that is, no later than October 18, 2022. MCB is willing to discuss an orderly resolution of this matter, but only upon Brindoval's immediate cessation of all infringing activities as described herein and Brindoval's demonstrated good-faith commitment to complying with the demands set forth above.
9. Confidentiality Notice
This letter and its contents are confidential and are transmitted in connection with the resolution of a bona fide dispute between MCB and Brindoval. This letter is not intended to be, and shall not be deemed to constitute, a waiver of any rights, privileges, or defenses available to MCB, including without limitation the attorney-client privilege and the work product doctrine. Nothing contained in this letter shall be construed as an admission or concession of any fact or legal position by MCB or as a limitation on the claims, arguments, or remedies that MCB may assert or pursue in any forum.
Sincerely,
CALDERWOOD & HARKNESS LLP
By: ________
Alan Ngo Partner Direct Telephone: (212) 554-8247
Email: ango@calderwoodharkness.com
Matter No. 1011-00003
cc: Thomas R. Hennessy, General Counsel, Meridian Consumer Brands LLC
Enclosures:
1. Certified Copy — U.S. Registration Certificate, Registration No. 4,218,506 (MERIDIAN, standard character mark)
2. Certified Copy — U.S. Registration Certificate, Registration No. 5,034,771 (MERIDIAN CLEAN, standard character mark)
3. Certified Copy — U.S. Registration Certificate, Registration No. 5,589,320 (MERIDIAN, stylized logo with wave device)
CONFIDENTIAL — This communication is intended solely for the addressee(s) identified above and may contain information that is privileged, confidential, or otherwise exempt from disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this communication in error, please notify the sender immediately and destroy all copies.

CALDERWOOD & HARKNESS LLP

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