Whole Foods Says Vitamin Shoppe Copied It

(CN) - Whole Foods Market claims in Federal Court that The Vitamin Shoppe violates its trademark in a marketing campaign.

Austin-based Whole Foods claims that launched its trademarked Health Starts Here campaign to promote its retail chain in 2009.

"Well after Whole Foods Market began using its Health Starts Here mark, defendant launched a virtually identical mark Core Health Starts Here to promote its retail stores and the sale of nutritional products," according to the complaint in Austin Federal Court.

"Defendant's Core Health Starts Here campaign promotes health and nutrition, and also seeks to promote public awareness of the need for nutritional lifestyles."

Whole Foods claims The Vitamin Shoppe refused to comply with its demand to stop suing Health Starts Here or any other confusingly similar name.

"Defendant's unauthorized use of the mark Core Health Starts Here removes from Whole Foods Market the ability to control the nature and quality of products and services provided under the Health Starts Hrre mark, and places the valuable reputation and goodwill of Whole Foods Market in the hands of defendant, over whom Whole Foods Market has no control," the complaint states.

Whole Foods seeks treble damages, an accounting and an injunction for trademark infringement, unfair competition, dilution and unjust enrichment.

It is represented by Louis Pirkey with Pirkey Barber in Austin.

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