Earlier this year, Frito-Lay was unsuccessful in a lawsuit the company filed against Medallion Foods regarding trademark infringement. The corn chip giant filed suit against Medallion Foods alleging unfair competition and dilution, trademark infringement, and trade dress infringement under the U.S. Trademark Act. The company also claimed patent infringement according to the United States patent laws.

Basically, Frito-Lay claimed that Medallion infringed upon the company’s Scoops design, both in packaging and design. The packaging for the products both companies manufacture are very similar in design, colored blue featuring a background that is geometric and a black name. Both packages also have a panel that is see-through, giving the customer the illusion the chips inside are being dipped in salsa.

As seasoned Los Angeles trademark infringement attorneys, we know that in order to succeed when alleging trade dress infringement it is required that the plaintiff demonstrates its trade dress is non-functional and distinctive, and that the defendant’s (Medallion) product would confuse customers as to the source of the product. The jury ruled in Medallion’s favor, saying they did not believe the patent infringement or specific trade dress claims contributed to the confusion in consumers regarding which products they were purchasing.

At Spotora & Associates, we understand the difficulty companies often face in trying to protect intellectual property, and that issues often arise regarding trademark infringement. If you feel that your trademark has been infringed upon or your intellectual property violated in some manner, contact our Los Angeles business lawyers right away for outstanding legal guidance and support.