TAMPA — Florida-based supermarket giant Publix is suing an online business that uses a logo Publix calls “confusingly similar” to its own.
At issue is the single letter “p” used as a logo for Pharmapacks, a New York-based company that sells health, beauty and wellness products online on its own website and through sellers including Amazon.
The suit says Pharmapacks’ “p,” which is blue, is similar to the “well-established” green “p” Publix uses extensively through its more than 1,250 stores across Florida and several other states. Both of the “p’s” are contained in a circle.
Publix says it’s used its “p” since at least 1972.
The suit, which alleges trademark infringement, unfair competition and trademark dilution, says the Pharmapacks logo creates the misleading impression that its goods are made by, associated with or endorsed by Publix. The logo appears on Pharmapacks’ website with the tagline “all your daily needs.”
Publix commissioned a consumer survey in which nearly half the participants were likely confuse the other logo with Publix, even when Pharmapacks included its own name and tagline, the lawsuit said.
Pharmapacks did not return emails requesting comment Friday. A spokeswoman for Publix said the company does not comment on pending litigation.
Publix owns trademarks to several versions of the sans serif “p” logos. The suit says Pharmapacks filed a trademark application for its “p” logo in 2019.
Publix is described in the lawsuit as “the largest and fastest-growing employee-owned company in the United States,” with more than 225,000 employees and retail sales of more than $38 billion in 2019.
The lawsuit, filed in the Middle District of Florida in Tampa, seeks an injunction, a trial and damages.