Skratch Labs sues upstart Scratch Kitchen over name, trademark

BOULDER — In a lawsuit filed this week, attorneys for Boulder-based sports nutrition powder maker Skratch Labs LLC claim that Scratch Kitchen, a new Boulder take-out and delivery restaurant concept from natural and organic industry veteran Michael Joseph, sports a name that’s too similar.

By adopting a similar name, Scratch Kitchen’s owners have “caused actual confusion, and are likely to continue to cause confusion and to deceive consumers and the public regarding the source of defendant’s products and to harm the distinctive quality of Skratch Labs’ marks,” according to the trademark-infringement lawsuit filed in U.S. District Court in Denver. 

Joseph told BizWest Tuesday that he was unaware of the suit and had not yet been served. 

Scratch Kitchen, a trade name for Delivery Native LLC, launched in March, while Skratch Labs, which also markets energy bars, baking mixes and cookbooks, was founded in 2012.

Skratch Labs attorneys argue that it doesn’t matter that Joseph’s firm includes the words “Kitchen” and “Kitchen Concepts” following “Scratch” in its trademarks or that one is spelled with a K and the other a C, the branding is still “confusingly similar in sight and sound,” according to the complaint. “Kitchen” or “Kitchen Concepts” are “merely descriptive of or generic for Defendants’ goods and services. Thus, this wording is less significant in terms of affecting the mark’s commercial impression, and renders the wording ‘Scratch’ the dominant element of the Infringing Marks.”

Skratch Labs executives contacted Scratch Kitchen about the alleged infringement in February and March, the suit said. “Defendant’s CEO assured Skratch Labs’ that defendant would review the matter and contact Skratch Labs; defendant refused to communicate further.”

 A cease and desist letter was sent in April, according to the complaint. Joseph denies such a letter was received by Scratch Kitchen.

Skratch Labs is demanding that a court prohibit Scratch Kitchens from using confusingly similar trademarks and pay unspecified damages. 

on Facebook on LinkedIn