J.R. Simplot Co. has filed a patent infringement suit against McCain
Foods USA, Inc. alleging McCain copied Simplot’s twisted potato fries
product, Sidewinders®. J.R. Simplot Co. v. McCain Foods USA, Inc., No.
16-0449 (D. Idaho, filed October 7, 2016). Simplot asserts that its patent,
“Spiral Potato Piece,” covers the ornamental features of Sidewinders®,
including its “inherently distinctive and nonfunctional” shape, and that
side-by-side comparisons indicate “McCain copied Simplot’s patented
Sidewinders® design in developing its Twisted Potato products.”
Simplot alleges patent and trade dress infringement and seeks damages,
an injunction and attorney’s fees.


Issue 619

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.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>