United States:
Popcorn Makers Fight Over Use of "Skinny"
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Last month, snack food company Snyder's-Lance filed a
declaratory judgment action in North Carolina against Amplify Snack
Brands and its SkinnyPop popcorn. Hours later, Amplify brought suit
against Snyders-Lance in Texas, alleging trademark infringement
over Snyders' "Metcalf's Skinny" popcorn and
other snacks sold under the "Metcalf's Skinny" brand
name. At issue is whether the term "Skinny" is
descriptive, and thus fair game for snack foods, like Snyders and
others to use to describe their "better-for-you" snack
foods. The parties are seeking declaratory and injunctive
relief, treble damages, and attorneys fees.
Takeaway:
Advertisers who wish to use the term "skinny" to describe
food products should take care to ensure that no confusion exists
with existing "skinny" products.
This article is presented for informational purposes only
and is not intended to constitute legal advice.
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