Kind of a Big Dill: Grillo’s Files Lawsuit Against Patriot for Stealing Century-Old Secret Recipe
In a recent dispute stirring up the pickle industry, Grillo's Pickles alleges that its former business associate, Patriot Pickle, has infringed upon its hundred-year-old recipe. The lawsuit, recently filed in the U.S. District Court for the Southern District of Florida, claims that the striking similarity between Grillo's Pickles and Patriot Pickle products has raised eyebrows and concerns in the aisles of Whole Foods.
With both brands often found on adjacent shelves, consumers might struggle to tell them apart. Grillo's Pickles argues this is no coincidence, accusing Patriot Pickle of creating an identical line of pickles using Grillo's treasured recipe. The lawsuit identifies a period of almost ten years during which Patriot had access to Grillo's recipes as part of their partnership, leading to the alleged recipe theft.
The president of Grillo’s, Adam Kaufman, expressed disappointment over this alleged breach of trust. According to him, Patriot's actions pose a significant risk to their business by producing nearly identical pickles for Whole Foods, one of their major retailers. Patriot Pickle, headquartered in Wayne, N.J., has yet to comment on the matter.
Earlier this year, Grillo's filed another lawsuit against Patriot, asserting false advertising related to their pickles sold at Wahlburgers. Allegedly, the pickles were advertised as natural despite containing artificial preservatives. The case is ongoing with Patriot requesting dismissal, arguing Grillo's lacks the necessary standing and has failed to substantiate its claims.
Grillo’s and Patriot initiated their partnership in 2012, with Patriot responsible for manufacturing, packaging, labeling, and shipping Grillo's pickles. During this collaboration, both parties agreed to nondisclosure, with Grillo's sharing its all-natural recipes and packaging processes. This accord was again reiterated in 2015 when Grillo’s used a cleaning machine in Patriot’s facility.
The lawsuit reveals that the partnership ended in 2021, with Patriot allegedly failing to return all of its copies of Grillo’s recipes. It's claimed that by May of the following year, Patriot launched sales of pickles under the Whole Foods 365 label, which bear an uncanny resemblance to Grillo's own.
The lawsuit points out that four specific pickle flavors - Hot Pickle Spears, Pickle Spears, Dill Pickle Chips, and Whole Dills - bear a striking resemblance to Grillo’s variations. Grillo's alleges that this is due to Patriot "willfully and maliciously" sharing its trade secrets without consent.
Both brands' Dill Pickle Chips, according to the lawsuit's pictures, share ingredients including cucumbers, water, distilled white vinegar, salt, garlic, dill, and grape leaves. Furthermore, the lawsuit notes that the Whole Foods pickles are approximately 30% cheaper than Grillo’s pickles and contain fewer calories and sodium.
Grillo's is seeking compensation for damages and attorney fees, in addition to demanding that Patriot return or destroy copies of its recipes. Patriot's response to the complaint is due by July 18th. Grillo's, obviously salty about issue, remains adamant in its stance, stating that the alleged theft threatens to irreparably harm its business and customer base, and must be halted immediately.
At Ed White Law, we help ensure your unique ideas stay uniquely yours – safeguarding your trade secrets with expert guidance, one Dill at a time.