IP Law Daily, TRADEMARK—N.D. Cal.: Attorney fees awarded, permanent injunction granted after $3.25M verdict in ‘IMPOSSIBLE’ foods trial, (May 13, 2026)

By Brian Craig, J.D.

The exceptionally weak abandonment defense and affirmative infringement claims, combined with evidence of willful infringement, justify the award of attorney fees.

In a trademark infringement case involving the IMPOSSIBLE marks used for plant-based meat substitutes, the federal district court in San Jose, California, has affirmed a jury verdict of $3.25 million in favor of Impossible X LLC and awarded attorney fees along with a permanent injunction. The court denied a post-trial motion for the laches defense sought by Impossible Foods Inc. The court also awarded attorney fees in favor of trademark owner Impossible X LLC, concluding that the exceptionally weak abandonment defense and affirmative infringement claims, combined with evidence of willful infringement, justifies the award of attorney fees as an exceptional case. In addition, the court entered a permanent injunction but denied the requests for enhanced damages and cancellation of the mark with the USPTO (Impossible Foods Inc. v. Impossible X LLC, No. 5:21-cv-02419-BLF (N.D. Cal. May 8, 2026)).

The dispute involves two companies that use marks for the word IMPOSSIBLE in connection with their goods and services. Impossible X LLC (“Impossible LLC”) is a Texas-based performance lifestyle brand founded in 2010 by Joel Runyon that sells fitness, apparel, and nutritional products. Impossible Foods Inc. (“Impossible Foods”) is a company that develops plant-based substitutes for meat products. The company’s signature product, the Impossible Burger, was launched in 2016 as a vegan alternative to a beef hamburger. Impossible Foods filed suit in the federal district court in California seeking a declaratory judgment of noninfringement after Impossible LLC filed a notice of opposition with the USPTO in connection with Impossible Foods’ application for trademark registration. Impossible LLC filed counterclaims alleging trademark infringement.

After a six-day trial in March 2026, the jury returned a verdict in favor of Impossible LLC on the counterclaims. The jury found that Impossible Foods willfully infringed Impossible LLC’s trademarks by using IMPOSSIBLE marks on promotional apparel that it distributes without charge to its employees and at events (the “Foods Swag”) and in connection with its cookbook Impossible: The Cookbook: How to Save Our Planet, One Delicious Meal at a Time (the “Foods Cookbook”), released in 2020. The jury awarded a total of $3.25 million in damages, including $1.5 million in corrective advertising damages and $1.75 million in punitive damages. Both parties then moved for post-trial relief. Impossible Foods argued that the claims are barred by the doctrine of laches. Impossible LLC sought an award of attorney fees and costs, enhanced damages, a permanent injunction, and trademark cancellation with the USPTO.

Laches. The court first rejected the laches defense. The court pointed to the evidence presented at trial and the jury’s willfulness determination. In addition, Impossible Foods failed to demonstrate that any delay by Impossible LLC in asserting its rights resulted in prejudice.

Attorney fees. Next, the court concluded that the case qualifies as an exceptional case justifying the award of attorney fees. The court found evidence of willful infringement, which supports the award of attorney fees. The court also found that Impossible Foods’ litigation position supports the award of attorney fees where the abandonment defense and affirmative infringement claims were exceptionally weak. Having considered the totality of the case, including the seriousness of Impossible Foods’ conduct and its willful infringement, the court found that the case was exceptional and granted the request for an award of reasonable attorney fees. The court ordered Impossible LLC to submit a supplemental brief with a declaration in support of attorney fees.

Enhanced damages. The court, however, rejected the request for enhanced damages. The court found that the jury’s damages award fully compensates Impossible LLC for infringement of its trademark rights and that any additional damages would be punitive. Impossible LLC failed to plausibly explain how the Foods Swag, which was primarily distributed among employees, and the Foods Cookbook could have enriched Impossible Foods in a manner not already captured by the jury’s damages award.

Permanent injunction. The court entered a permanent injunction in favor of Impossible LLC weighing the relevant factors. The court concluded that Impossible Foods’ infringement has injured Impossible LLC’s goodwill and reputation, which is precisely the type of irreparable injury that injunctive relief is intended to remedy. The court ordered that Impossible Foods be enjoined from using IMPOSSIBLE as a standalone word “or dominant source-identifying term.” The injunction also orders that Impossible Foods be enjoined from using IMPOSSIBLE as a standalone word “without other visible words or symbols.” The court found that Impossible Foods’ proposal adequately addresses Impossible LLC’s injuries and provides a clearer delineation between permissible and impermissible conduct.

Cancellation of mark. Finally, the court denied the request to order the USPTO to cancel the registered trademark owned by Impossible Foods. The explanation provided in two paragraphs of the briefs was far too sparse for the court to affirmatively interfere with the USPTO’s decision-making process. Impossible LLC failed to identify with any particularity the trademark rights that purportedly preclude registration of Impossible Foods’ application, nor did it articulate why it is entitled to the requested relief.

Therefore, the court rejected the laches defenses, while also awarding attorney fees and a permanent injunction.

The Case is No. 5:21-cv-02419-BLF.

Judge: Freeman, B.

Attorneys: Gayle Roxanne Elings (Davis Wright Tremaine LLP) for Impossible Foods Inc. Adam Seth Cashman (Braunhagey & Borden LLP) for Impossible X. LLC.

Companies: Impossible Foods Inc.; Impossible X. LLC

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