At our core, Big Spoon Roasters is and has always been a company founded on community, transparency, and compassion. We have prided ourselves on our honesty and transparency with our customers, and having recently found ourselves in a difficult situation, we wanted to take the time to address it directly. Recently, we found ourselves in the unfortunate position of needing to file a trademark infringement lawsuit to protect our brand name against another company operating in the same category of pantry goods. This is not a step that we took lightly, or without having first spent many months and resources exploring every option within our power to resolve this conflict out of court. Unfortunately, it remained our only path forward after our attempts at a direct resolution were unsuccessful. While there are certain details of our settlement negotiation and lawsuit that we are unable to disclose due to this being an active case, we would like to share all that we can and will do our best to address further questions on the situation.
Our company was started at our local farmers market in 2011 and we have operated under our business name Big Spoon Roasters since we sold our first jar. Our name is a tribute to Mark’s dad, Gary, whose habit of eating big spoons full of peanut butter straight from the jar earned him the nickname “Big Spoon” amongst our family and friends. We have held an active trademark on our name since 2012, an important step that we took early on as we focused on growing not only our business and our community, but also our name.
We first learned of Big Spoon Sauce Co. last fall when we were contacted by one of our customers, asking if their products were somehow connected with our business. We researched their company and found that both our company and their company's products are considered pantry products and condiments, often sold on the same shelves in the types of independent/specialty retailers that focus on stocking curated selections of brands in each category. Our products are sold nationwide, and to have two companies with the same name in the same category presented a problem of customer confusion both in-store and online, as well as in wholesale channels.
We reached out to the founders of Big Spoon Sauce Co. in hopes of charting a path forward that would allow us to protect our brand name without causing harm to their business. We felt strongly that it was important to connect with Lani and Nathan--small business owner to small business owner--knowing as we do the many challenges that come with growing a business in this industry.
We discussed with them personally our concerns about the infringement and ways that we could work together to make the transition from them using our brand name as easy and affordable for them as possible. We offered a long timeline to make the transition so that they did not lose any money on existing labels, packaging, or marketing materials, and even offered to help open doors at our existing customers so that they could come out of a name change with actual sales growth.
We spent many months and resources exploring every option within our power to resolve this conflict out of court. However, ultimately, Big Spoon Sauce Co. was not willing to voluntarily stop using "Big Spoon" as part of their brand name. As that is the crux of the trademark infringement, they, unfortunately, left us with no choice but to pursue the only remaining option that would ensure that our trademark was protected in the market - to have a court evaluate the merits of our case.
Regarding confusion on our future product plans: Every year at Big Spoon we create at least four new nut butter products as a part of our Limited Batch series, one each quarter. Our recipes celebrate culinary traditions from around the world, with examples including our Lum Lum Thai Curry Peanut & Cashew Butter, Linzer Cookie Cashew & Almond Butter, & Chai Spice Peanut & Almond Butter. We have been planning a savory nut butter collaboration with a chili crisp maker for almost two years as part of this series. The concerns raised by Big Spoon Sauce Co in their public posts about us offering a chili crisp-inspired nut butter highlights the heart of the matter, that there is a likelihood of confusion in the marketplace between our products if they are both labeled and sold as Big Spoon.
Like Big Spoon Sauce Co, our woman-owned company is a small, hard-working team. We have just 15 employees. We currently sell into 600 retailers across the country. We are very proud that in this challenging industry, we have remained independent since our beginning and have bootstrapped our growth since day one. We do not have financial backers or a legal slush fund. It has been a huge financial strain to protect our brand, but it is the core of our identity as a business and something that we must do for the long-term sustainability of our company, to be able to continue making the food products that we love and you love.
It has always been our belief that leading with honesty and transparency provides the surest footing when navigating a challenging path, which is why we believe it is so important to share the details of this situation with you directly. Since our lawsuit was filed, we have received a slew of negative comments and messages from supporters of Big Spoon Sauce Co., and while we are deeply saddened by these comments that question our integrity and values as a small business, we appreciate the trust and support of our customers as we work towards a resolution. Our hope has been, and continues to be, that we would be able to find an amicable solution for both businesses that respects our trademark rights and brand and the integrity and hard work that has gone into establishing our identity within our category while allowing both of our small businesses to continue to grow and flourish.
Thank you for allowing us the opportunity to share our perspective, and for your support and understanding.
Mark and Megan Overbay