Built Bars sues Springville protein bar startup over trade secret accusations

SPRINGVILLE — More than a year after the cookie war ended in Utah, a new culinary battle is brewing. This time, it's about protein bars.

Built Bars, LLC, is an American Fork-based protein bar company that has gained popularity throughout the state, particularly in Provo, as it has sponsored BYU athletes.

Built Bars filed a lawsuit in November against Blue Unicorn, a small startup in Springville that creates plant-based protein bars. The suit alleges Blue Unicorn and food scientist Luke Tolley misused trade secrets and utilized deceptive trade practices by misrepresenting its products.

"Blue Unicorn's protein bar products were developed using the Built trade secrets, including but not limited to certain trade secrets and confidential and proprietary information pertaining to the production, preparation and manufacture of certain protein bar products," the lawsuit states.

Blue Unicorn was founded by Jason Christensen in February 2024, and Tolley is credited as the creator of the products.

The lawsuit, filed in the U.S. District Court for Utah, says the Built trade secrets "enable Built to produce various superior nutritional food products, including various protein-rich products that are healthy alternatives to traditional sweets and candies, which have unmatched taste and texture," and provide the company a "significant competitive advantage."

In November 2018, Built Bars entered into an asset purchase agreement and product development agreement with Other Nutrition Company Inc., where Tolley worked at the time. The agreements stipulated that Built acquired all rights to the research, development and manufacturing of the "whipped whey protein-based products" that were being created.

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Built Bars claims Blue Unicorn obtained Built's trade secrets through Tolley and Tolley's sister, Rebecca Hansen, who was Built's research and development manager until May 2021, used them to create protein products to compete with Built.

Tolley's alleged breach of agreements has caused "irreparable damage" to Built because he used trade secrets to benefit a competing company and, as a result, has damaged Built's relationships with customers, contractors and suppliers, the lawsuit claims.

Built's lawsuit also accuses Blue Unicorn of "unlawfully and unfairly profiting" from Built's name and trademark by representing its products to consumers at a Springville farmer's market as being "from Built." This has caused consumer confusion about the origination of the protein bars and implies they are sponsored by Built, "which is false," the suit says.

"Blue Unicorn has also been actively approaching Built's wholesale customers and other influential individuals in Utah County for the purpose of promoting and/or selling its competing protein bars," according to the lawsuit.

The lawsuit says the packaging for Blue Unicorn's bars, which lists the unique combination of ingredients and proportions of ingredients, "further indicates that Blue Unicorn wrongfully obtained and used certain Built trade secrets and confidential and proprietary information."

Built sent Blue Unicorn a cease-and-desist letter in July 2024, saying it was using Built's trade secrets. A month later, Blue Unicorn responded, denying the allegations and listing the differences between the two products.

Built Bars amended its complaint on Jan. 17, after Blue Unicorn submitted a motion for dismissal arguing that Built failed to provide any factual basis for its allegations. The amended document has additional paragraphs claiming how Blue Unicorn's actions have caused harm. Two of the original claims of relief were also removed, including a conspiracy claim against Tolley.

"Built has suffered damage and irreparable harm, including but not limited to damage to reputation, loss of sales and the diversion of Built's current and potential customers away from Built and to Blue Unicorn," the complaint states.

Blue Unicorn not backing down

Christensen responded publicly to the lawsuit on March 4, calling the situation a "David vs. Goliath story" and said it "appears to be an attempt to stifle competition through litigation rather than innovation."

"Tolley developed Blue Unicorn's proprietary technology and recipes based on his ongoing research in plant-based proteins — work that he conducted several years after his contract with Built ended," Christensen said. "Tolley was never employed or bound by any noncompete agreement with Built."

Christensen called the trade secret accusations and other allegations "baseless" and said he refuses to let his company be "bullied out of the market."

Blue Unicorn products are "fundamentally different" from Built Bars, as Blue Unicorn bars are plant-based and allergen-free, compared to the whey-based bars Built produces, he added.

"We're not going anywhere," Christensen said. "Consumers deserve choices and we're here to provide them. This lawsuit won't stop us from doing what we set out to do — bring innovative protein products to people whose needs aren't being met with current options."

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