Los Alamos has a locally owned department store. It's been here almost since the inception of the community. It's not clear to me if it existed since the Manhattan days, but it wouldn't surprise me if it has. Another locally owned store here has.
After I already submitted the paperwork to trademark Atomic City Radioactive Hot Sauce, I learned this department store shelves and sells Atomic City Hot Sauce and Atomic City Salsa. And has for some time. I even went to the store and purchased some to try to learn more about it. Both products are crap, likely meant as a tourist product. Not exactly certain, it looks like they may have it made by the first guy in Santa Fe I talked to about being my commercial kitchen (who passed, claiming he no longer had excess capacity). There isn't a manufacture's address on it, a violation of state law.
After I first learned of the products, my trademark attorney indicated we had done a good faith search. They had no mention of the product on any of their web pages. What the attorney deduced was they couldn't stop me from marketing and selling my products. And I couldn't stop them from selling their products inside their store (and possibly on their website). Outside? Game on.
I was going to approach them after I had developed a salsa (it's still in the works, Vagus), so they would have a substitute for both of those abominations they are unleashing on the poor tourists who visit here.
Guess who received an email last night from the buyer of the local department store's gift department asking about wholesale pricing? Incidentally, they're selling their products for $7.98 retail.
Stay tuned, sports fans....