A Dangerous Precedent

My sisters and I bake the bread, market it, deliver it, demo it, and pretty much do everything. We are a SMALL, family owned business while Vieira's Bakery Inc. is a FACTORY wholesaler with automated machines.

We are approaching the two year mark of when we sent our first cease and desist to Vieira’s Bakery (February 6, 2023). Originally, my sisters and I were cautious about making this fight public. We believed diplomacy and open communication could resolve this situation. However, Vieira's Bakery decided to respond to our diplomacy with nothing more than malice and their attempt to reshape the narrative behind closed doors became alarming. We had no choice but to go public with this litigation.

In my opinion, this case is still ongoing for several reasons. The first reason is because Melissa Calrow, Vieira’s sales representative, lied about the bag and its origin, even falsely claiming they had a bag that looked like ours before we did (they had no such bag, nor did Melissa Calrow ever tell us that she had designed a bag identical to ours). Secondly, Carlos Vieira's previous attorney assumed we would back down because we didn’t have the finances to fight back, given their 'deep pockets' comment. Third, Vieira’s Bakery’s insurance company (who is currently defending the case on their behalf) refuses to accept liability and settle, despite there being clear evidence that Vieira’s Bakery did infringe (more on that when and if we are allowed to share). Lastly, retailers, distributors, brokers, and co-ops continued doing business with Vieira’s Bakery and this emboldened Vieira’s to continue infringing. In my opinion, the evidence shows infringement beyond a reasonable doubt and this case should have been settled and finished A LONG TIME AGO. One of the numerous, supportive public comments that have been left on our social media posts about this issue

However, Vieira’s attorney, who is being represented by their publicly traded insurance company, is attempting to argue that we don’t deserve damages as the law states because we’re 'too small'—that we didn’t generate the same revenue Vieira’s Bakery made when they profited off of our intellectual property.

This is literally like saying Vieira’s can steal from us and walk away without accountability, simply because we’re not a massive corporation. And here’s the real issue: this is a deliberate attack on small businesses.

They didn’t steal from one of their big co-packing clients.

They stole from us —a small, growing company—because they thought we wouldn’t have the resources to fight back. They targeted us SPECIFICALLY because we’re small and because they were in such close proximity to us as a result of our NDA and our approaching them about being a co-packer. In short, if we never trusted Vieira's Bakery and we never attempted to enter into a co-packing relationship, if we never signed an NDA and shared trade secrets- it is unlikely they would have stolen from us. And here’s the most frustrating part: we’re not still in this fight because there’s a lack of evidence. In my opinion, the infringement is obvious.

We’re here because their insurance is paying for their defense, while I’m paying for this battle out of my own pocket. Their insurance company doesn’t want to give me what the law entitles me to, and they’re dragging this out, hoping to wear me down.

This is just one of many legal bills and considering our attorneys are very reasonable with their fees and working hard to keep the cost down, it's still amounting to a six-figure legal dispute going on TWO YEARS all because Vieira's Bakery refuses to admit the irreparable harm they have caused..

This is another legal bill... we are in a SIX FIGURE lawsuit all because Melissa Calrow decided it was okay to steal from us and lie

This argument sets an incredibly dangerous precedent, legally, socially, and ethically.

If courts were to allow this logic to stand, it sends a chilling message to every entrepreneur and small business owner out there: 'Your original ideas, hard work, protected intellectual property are all fair game- that they can and will be stolen from you. The law won’t protect you if you’re not big enough to defend yourself.' This goes against everything trademark laws are designed to do.

Trademarks exist to prevent theft, to discourage it, and when necessary, to punish it.

They also exist to protect CONSUMERS from being misled and confused. If we let this slide, what’s the point of having these laws at all? We’re fighting this case because you cannot and should not steal from small businesses just because you are a big corporation and you think you can.

No, you cannot profit from someone else’s hard work and intellectual property without consequence.

And yes, accountability does matter, no matter how big or small the victim is. As of right now, we are in third party discovery and depositions, which means that other people are now involved, thanks to Vieira’s Bakery refusal to settle. This fight is exhausting, but it’s necessary.

My family and I should have never, ever been put in this position. We simply approached Vieira’s Bakery as a potential co-packer.

WE ARE HERE BECAUSE OF VIEIRA'S BAKERY... NOT BECAUSE OF ANYTHING WE DID WRONG! In fact, we did everything right (except trusting Melissa Calrow). Vieira's Bakery violated our NDA and engaged in what I believe are unethical business practices. It’s despicable that they put this all into motion while I was still such a small business getting my bearings together. It just goes to show you how malicious this whole thing was. I was literally at the starting line when they perpetuated the theft. They have caused tremendous damage and harm to my family and our business and I will not rest until we get justice, no matter how difficult this fight. Thank you to everyone who stands with us and who believes in supporting small businesses.

I hope that someday this case can be used as an example for any other small business, especially in CPG, that has their intellectual property stolen and an NDA violated.

We are indeed a 'small business' and Vieira's Bakery knew this, that's why they stole from us and not one of their bigger co-packing clients. The larger customers they co-pack for and have co-packed for are MULTI-BILLION and MULTI-MILLION dollar companies that could easily bury them in a lawsuit.

Every single piece of Thumb Bread® is hand formed. I make each of the thumb marks INDIVIDUALLY.