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.
