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Lawsuit: Target's Good & Gather line infringes trademark of Georgia woman's business

Nicquel Terry Ellis, USA TODAY
Emily Golub is founder of the Atlanta-based Garnish & Gather.

ATLANTA — A Georgia woman has filed a federal lawsuit against Target claiming the retail giant stole her trademark when it launched its Good & Gather flagship food brand in September. 

Emily Golub, founder of the Atlanta-based Garnish & Gather, said the name, logo and products sold in Target's Good & Gather line are too similar to the business name she trademarked in 2014 and could create confusion in the market.   

Golub said she provided Target with a notice of trademark infringement in August but the retailer proceeded with the launch of Good & Gather at its more than 1,800 locations across the country. 

Golub created Garnish & Gather in 2013 with a goal of connecting customers with locally grown foods and Atlanta chefs and teaching creative cooking techniques. The company sells meal kits, local groceries and prepared foods. 

Target's Good & Gather includes products such as bagged salads, cheese, granola, sparkling water, deli-fresh entrees and sides, frozen fruit, fresh vegetables, chips and nutrition bars. The new food line is part of the company's business strategy to increase sales and distinguish the retailer from its rivals.

Golub said she identified 40-50 products that overlapped between her business and Good & Gather. Both companies also use a leaf motif in their branding and logos, she said. 

“To me there are too many coincidences here for this to not have inspired the design of their brand," she said. "It was very upsetting when we first found out about this. To take our brand is taking everything we have built."

Target spokeswoman Danielle Schumann said in a statement the retailer has a "deep appreciation and respect for trademarks."

"We’re aware of this lawsuit and are confident that Target’s brands, including Good & Gather, are distinctive in the marketplace," Schumann said. "We’ve shared that feedback with Garnish & Gather and will continue to defend these claims through the legal process." 

Golub filed a complaint in the U.S. District Court Southern District of New York on Nov. 8. It seeks a temporary restraining order to stop the sale of food and beverage products under the Good & Gather brand. Attorneys for Target have filed a motion to transfer the case to Minnesota where the company is based.

Golub said Target offered her "tens of thousands of dollars" to help with search engine optimization for Garnish & Gather but she declined. 

"I don’t need that," she said. "I need to preserve my brand."

Golub said Garnish & Gather is profitable and has more than 800 weekly meal kit subscribers, but Good & Gather jeopardizes the growth of her business because she can't match Target's resources. The company expects Good & Gather to be a multi billion-dollar brand with more than 2,000 products by the end of 2020. 

This article originally appeared on USA TODAY: Georgia woman sues Target over trademarked Good & Gather brand