A hot dog by any other name, including a name similar to a well-known sausage company, is not likely to confuse consumers as long as it is clearly labeled on the packaging, a federal appeals court said in dismissing a trademark and false advertising suit brought by a sausage company.
The U.S. Court of Appeals for the Third Circuit ruled Monday to toss the suit that sausage company Parks brought against Tyson Foods over Tyson’s line of hot dogs named “Park’s Finest.” The determination to toss Park’s claim upheld a decision from the U.S. District Court of the Eastern District of Pennsylvania, and hinged in part on Park’s argument that customers might be confused by Tyson’s product.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
