Texas Trademark Lawyer Tamera Bennett

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Frito Lay Lost Chip Design Trademark and Patent Infringement Case

Plano, Texas based Frito Lay, Inc. was unsuccessful in their claim that Ralcorp Holdings' snack chip infringed the "Scoops" design trademark or patent for the process of making a formed snack chip.  The jury's decision of  non-infringement may give the go-ahead to other snack food manufactures to begin offering similarly shaped chips. In addition to losing the lawsuit, Frito Lay may be on the hook for costs and attorneys' fees.  Ralcorp Holdings filed sealed documents related to costs and fees on April 18, 2013.

Frito Lay sued in the Texas Eastern District Court in 2012 for trademark infringement, trade dress infringement, unfair competition and dilution under the United States Trademark (Lanham) Act; patent infringement under the patent laws of the United States; for trademark dilution under Texas Business and Commerce Code § 16.29; and for trademark infringement, unfair competition, and unjust enrichment under Texas common law.
A mediator was appointed in this case, but according to court records it does not look as if mediation occurred in this trademark lawsuit.
Frito-Lay North America, Inc. v. Medallion Foods, Inc., 4:12-cv-00074-ALM (E.D.  TEX. - Sherman), April 4, 2013 final judgment entered.