Great Harvest Bread sues Panera over trademark

ST. LOUIS -- One restaurant chain that made its name off fresh bakery products is suing another, alleging federal trademark infringement for use of what it calls a confusingly similar advertising slogan.

Great Harvest Bread Co. filed suit Thursday in federal court in Charlotte, North Carolina, against Panera Bread.

The suit, filed on behalf of Great Harvest's more than 200 owner-operated stores, claims the company received a trademark in October 2014 for its mantra, "Bread. The Way it ought to be."

The lawsuit says suburban St. Louis-based Panera debuted its "Food as it should be" advertising campaign just eight months later, in June 2015.

Great Harvest, based in Dillon, Montana, said the Panera campaign intentionally causes confusion.

"We need to protect the investment being made by our individual small business owners from being drowned out or overrun by a multi-million dollar national advertising campaign," Great Harvest president Eric Keshin said in a statement.

Great Harvest said it asked Panera to suspend advertising and promotion that used the phrase, but to no avail. Panera since has sought a trademark for "Food as it should be," and Great Harvest formally has opposed it, Great Harvest said.

The Associated Press left messages seeking comment from Panera representatives Thursday.

A spokeswoman for Great Harvest said the suit was filed in North Carolina because franchisees there are especially concerned about the alleged infringement.