News & Analysis as of

Frito-Lay Appeals

Fox Rothschild LLP

Selection Of Federal Circuit Review Of A TTAB Decision Does Not Bar District Court Review Of A Later TTAB Decision Issued In The...

Fox Rothschild LLP on

On March 17, 2021, in a matter of first impression, the United States Court of Appeals for the Fourth Circuit held a party appealing a decision of the United States Trademark Trial and Appeal Board (“TTAB”) may seek review of...more

Akerman LLP - Marks, Works & Secrets

The Skinny on “Thins”

According to the Federal Circuit, the skinny on the term “Thins” is that it may be generic for thinly cut snack crackers. Real Foods Pty Ltd. V. Frito-Lay North America, Inc., (October 4, 2018 Fed. Cir.)....more

Knobbe Martens

Real Foods Pty Ltd. v. Frito-Lay North America, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Wallach, Linn, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: To determine whether a mark is generic, the TTAB must first properly identify the genus of the goods...more

Dorsey & Whitney LLP

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

Dorsey & Whitney LLP on

Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with...more

Akerman LLP - Marks, Works & Secrets

No Twist on Pretzel Crisps on Remand

In a 54 page decision issued on September 6, 2017, the Trademark Trial and Appeal Board (the “Board”) ended (again) a long-standing dispute between snack food makers Frito-Lay, Inc. (“Frito”) and Princeton Vanguard, LLC...more

McDermott Will & Emery

Two Generics Can Make a Mark - Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

The U. S. Court of Appeals for the Federal Circuit vacated and remanded for further proceedings the decision of the Trademark Trial and Appeal Board (TTAB or Board) cancelling the registration of the mark PRETZEL CRISPS,...more

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