A Bengali potato-chip maker’s application to register a design
mark has drawn opposition from Frito-Lay, which argues the
mark is too similar to the one it has used since 1995. Frito-Lay N.
Am. v. Putul Distribs., No. 91235606 (T.T.A.B., notice of
opposition filed July 17, 2017). The notice asserts that Putul’s
proposed design mark for its fish, pickles and potato chips—a
green and red circle bisected by a wide red and black ribbon—is
likely to be confused with Frito-Lay’s, which is a “round sun or
globe bisected by a banner or ribbon.” In addition to the alleged
potential confusion between the marks on potato-chip products,
Frito-Lay also asserts that fish and pickles are “food products that
may be complementary or consumed with Frito-Lay’s goods.”
Claiming priority, likelihood of confusion and dilution by blurring,
Frito-Lay seeks a denial of Putul’s registration application.


Issue 643

About The Author


For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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