Old Bay's parent company McCormick has filed a federal lawsuit this week claiming trademark infringement from a Pittsburgh spice company that produces a spice called "New Bae."
The suit against Primal Palate, an organic spice company, was filed Monday and claims Primal Palate has intentionally traded on the fame and goodwill of Old Bay. McCormick's suit argues that New Bae is intended to create a wrongful association with Old Bay and to diminish its reputation, according to court records.
McCormick, based in Hunt Valley, has owned the rights to Old Bay since it purchased the beloved Baltimore brand in 1990. The suit demands that all profits from New Bae sales be paid to McCormick and that any products, merchandise or records bearing the name New Bae be destroyed.
A McCormick attorney listed in court records did not immediately return a message requesting comment Wednesday.
Primal Palate first launched New Bae in October 2017, stating in a blog post that the company founders "didn't intend to set up a terrible pun with this blend, but it's really become the sweetheart blend in our kitchen."
The company filed an application in November 2017 with the U.S. Patent and Trademark Office to register New Bae as a trademarked organic spice. McCormick has since filed an opposition to the application.
McCormick attorneys also sent a cease-and-desist letter to Primal Palate in April, the suit states. The company says Primal Palate attorneys responded, admitting that New Bae was intentionally chosen to create an association with Old Bay.
Primal Palate representatives did not immediately return a message requesting comment Wednesday.
The Pittsburgh company posted a statement on its Instagram account Tuesday, saying it will fight the suit and asking followers to "save New Bae."
"Our blend is of course a nod to Old Bay, since we are always striving to offer organic, healthy options for our audiences, and provide full transparency with ingredients," the post states. "We do not see any merit to their claims, as we feel like it's far from likely to confuse customers, and our blends are also very very different. In fact, the way we named it was meant to differentiate it, not to mention we don't even know what the ingredients are in Old Bay."
Old Bay was first developed in Maryland in 1939 and originally marketed as crab seasoning before expanding marketed uses to include seafood, poultry, meats, salads, soups and snacks.
