A dispute over the branding and packaging of dental floss products has led to a federal lawsuit in North Carolina, with one oral care company claiming that another business is selling infringing goods that could confuse consumers. The complaint was filed by Sacks Holdings, Inc., a Delaware corporation with its principal place of business in San Diego, California, in the United States District Court for the Middle District of North Carolina on March 30, 2026. The defendant named in the case is KeHE Distributors, Inc., also incorporated in Delaware and based in Naperville, Illinois.
According to the filing, Sacks Holdings alleges that KeHE Distributors has engaged in unauthorized distribution and sale of oral care products using the “GRIN” mark—a federally registered trademark owned by Sacks Holdings—without permission. The plaintiff asserts multiple causes of action including federal trademark infringement under Section 32(1) of the Lanham Act (15 U.S.C. § 1114(1)), common law trademark infringement and unfair competition under Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)), violation of North Carolina’s Unfair and Deceptive Trade Practices Act (N.C.G.S. § 75-1.1 et seq.), trade dress infringement under federal law, and copyright infringement under 17 U.S.C. § 101 et seq.
Sacks Holdings describes itself as a seller of oral care products such as dental flossers, dental floss picks, tongue scrapers, and other related items under the GRIN brand through its website grinoralcare.com as well as national retailers. The company states it owns United States Trademark Registration No. 6,273,196 for GRIN covering these products since February 16, 2021, with continuous use since at least November 6, 2020.
The complaint outlines that Sacks Holdings has invested significant resources into developing distinctive product packaging referred to as “Sacks Packaging,” which features bright monochromatic colors associated with different product types and specific arrangements of branding elements. This packaging design is also protected by U.S. Copyright Registration No. VA 2-423-842 issued on October 10, 2024.
Sacks Holdings alleges that KeHE Distributors distributed allegedly infringing oral care products bearing an identical “GRIN” mark to retailers including Sprouts Farmers Market in Greensboro, North Carolina. The plaintiff claims these infringing products not only use its registered mark but also closely mimic its trade dress—particularly in color schemes and layout—leading to actual consumer confusion about their source or endorsement.
The lawsuit references previous litigation involving other companies over similar issues regarding the GRIN mark (Sacks Holdings v. Grin Natural USA Ltd., et al.), noting that this court previously determined Sacks Holdings had priority ownership over the GRIN mark and granted a permanent injunction against those defendants from using GRIN-formative marks anywhere in the United States.
Sacks Holdings further contends that KeHE’s alleged actions have caused damage to its reputation and goodwill among consumers due to inferior quality comparisons between its own products and those distributed by KeHE under the disputed branding.
The legal arguments presented include claims that KeHE’s activities are likely to deceive consumers regarding origin or sponsorship under both federal law (Lanham Act) and state law (North Carolina UDTPA). In addition to seeking monetary damages—including actual damages, profits derived from alleged infringement (potentially trebled), punitive damages where appropriate—and attorney’s fees, Sacks Holdings requests preliminary and permanent injunctive relief prohibiting KeHE from manufacturing or distributing any dental healthcare products bearing confusingly similar marks or packaging.
The plaintiff also asks for orders requiring KeHE to remove all allegedly infringing materials from public access; provide written reports on compliance; account for profits; pay statutory interest; and grant any further relief deemed just by the court.
Attorneys Jacob S. Wharton (Womble Bond Dickinson LLP) based in Winston-Salem and John D. Wooten IV (Womble Bond Dickinson LLP) based in Greensboro represent Sacks Holdings in this matter. The case is identified as Case No.: 26-cv-294.
Source: 126cv00294_Sacks_Holdings_Inc_v_KEHE_Distributors_Inc_Complaint_Middle_District_North_Carolina.pdf
