Beginning Next Week: InsideCounsel will become part of Corporate Counsel. Bringing these two industry-leading websites together will now give you comprehensive coverage of the full spectrum of issues affecting today's General Counsel at companies of all sizes. You will continue to receive expert analysis on key issues including corporate litigation, labor developments, tech initiatives and intellectual property, as well as Women, Influence & Power in Law (WIPL) professional development content. Plus we'll be serving all ALM legal publications from one interconnected platform, powered by Law.com, giving you easy access to additional relevant content from other InsideCounsel sister publications.

To prevent a disruption in service, you will be automatically redirected to the new site next week. Thank you for being a valued InsideCounsel reader!

X

More On

Jury finds Bowlz chips don’t infringe on Frito-Lay’s patent for Tostitos Scoops

There’s room in this town for both bowl-shaped tortilla chips

Scoops or Bowlz? You can have your choice of either, now that a jury in the Eastern District of Texas has found that Medallion Foods Inc.’s Bowlz chips do not infringe on Frito-Lay North America’s Tostitos Scoops, though both are bowl-shaped, scalloped-edged tortilla chips.

Frito-Lay claimed that Medallion, which is owned by ConAgra Foods, infringed its patent on the process to make Scoops, and that it stole trade secrets after it hired a former Frito-Lay employee. The company also alleged that Medallion infringed its trade dress rights to the design of Scoops, as well as unregistered trade dress on the chip’s packaging.

To succeed on the trade dress claims, Frito-Lay would have had to show that consumers would be confused by the two similar products, and the jury was not convinced that such confusion existed. It ruled against Frito-Lay on all claims.

"Frito-Lay's trade dress and patent rights remain valid," Frito-Lay spokesman Chris Kuechenmeister said in a statement, adding that the company is looking at the possibility of a post-trial motion or appeal.

Read more at Thomson Reuters.

 

For more coverage of food-related lawsuits on InsideCounsel, see below:

Litigation: Defending food labeling lawsuits—are you hungry for more?

Sheriff’s deputy can sue over uneaten phlegm burger

Suit claiming Hebrew National hot dogs are not kosher dismissed

Litigation: Food false advertising class actions on the rise

Subway Footlongs are only 11 inches, lawsuits claim

Join the Conversation

Advertisement. Closing in 15 seconds.