Dive Brief:
- The Trademark Trial and Appeal Board (TTAB) has been busy with two high-profile cases with Heinz and Frito-Lay.
- The term "Pretzel Crisps" had incited a battle between Princeton Vanguard, L.L.C., a Snyder’s-Lance, Inc. subsidiary, and Frito-Lay North America, Inc., the latter of which opposed Princeton Vanguard's attempt to trademark the product name, which Frito-Lay said is instead a generic term.
- In another case, H.J. Heinz Co. is attempting to block Boulder Brands from registering a trademark for its Smart Balance brand's frozen foods segment.
Dive Insight:
In 2014, TTAB upheld Frito-Lay's objection, but Princeton Vanguard appealed the decision. Last month, the Court of Appeals for the Federal Court ruled "that the T.T.A.B. applied the incorrect legal standard when it failed to consider the relevant public’s understanding of the Pretzel Crisps mark in its entirety," Food Business News reported.
The Princeton Vanguard-Frito-Lay case is now back in the hands of the TTAB.
As for Heinz, the lawsuit is meant to appeal the TTAB's decision granting Boulder Brands that trademark on the grounds that using "Smart Balance" on frozen products will be too confusing or deceptive for the consumer, who may think Smart Balance has something to do with Heinz and its Smart Ones brand.