Salty's sour on poultry company adopting its slogan

The parent company of Salty's Seafood Grills in Seattle and Portland is suing California-based Foster Farms for using the phrase "Simply Fresh," which the restaurant company has trademarked.

Happy Guests International says the mark is recognized in Washington and nationally as belonging to Salty's three-restaurant chain and its brand of seasonings and spices, according to a lawsuit filed July 12 in U.S. District Court in Seattle.

Foster Farms, one of the country's largest poultry companies, began using the label "Simply Fresh" this year on a new line of microwaveable dinners, after unsuccessfully negotiating with Salty's for licensing rights, said Gerry Kingen, who owns Salty's with his wife, Kathy.

"They just decided to ignore good faith and fair dealing, and we said you can't do that," said Kingen, who lives in West Seattle. "It's not fun, and it's expensive, but you have to defend your mark."

The Salty's chain employs about 550 people year-round and has roughly $22 million in annual sales. In 2004, Foster Farms had about 10,000 employees and more than $1.6 billion in sales.

Salty's owns the trademark "Simply Fresh" for restaurant services and for seasoning salts and spices, according to the lawsuit.

In a written statement, Foster Farms said it cannot discuss matters in litigation.

Melissa Allison: 206-464-3312 or mallison@seattletimes.com