Frito-Lay Claims Infringement of Tortilla Chips Design and Packaging

Frito-Lay North America, Inc. has filed a trademark and patent infringement lawsuit in a Texas federal court against a company that purportedly makes a similar tortilla chip product and sells it in similar packaging. Frito-Lay N. Am., Inc. v. Medallion Foods, Inc., No. 12 00074 (E.D. Tex., filed February 10, 2012). At issue are Frito-Lay’s TOSTITOS SCOOPS! ® tortilla corn chips, which have a distinctive shape for use with salsa, guacamole and other dips. According to the complaint, Frito-Lay has registered the shape, brand design, and product and brand names as marks with the U.S. Patent and Trademark Office and holds several patents for the processes and systems used to manufacture the chips. The defendant makes and sells a product called BOWLZ, which Frito-Lay alleges infringes its marks, trade dress and patents.

With counts for federal trademark infringement, trade dress infringement and unfair competition, federal trademark dilution, patent infringement, common law trademark infringement, common law unfair competition, trademark dilution under Texas state law, and unjust enrichment, the complaint includes photos comparing the two products and packaging and contends that the defendant’s product deceives the public, trades on Frito-Lay’s goodwill and places its reputation at risk. Frito-Lay seeks a preliminary injunction to stop the defendant from using any mark or trade dress confusingly similar to Frito-Lay’s TOSTITOS SCOOPS!®, a permanent injunction, an equitable accounting to determine the defendant’s profits for payment to Frito-Lay, enhanced damages, attorney’s fees, costs, and interest.