Seasoning Naming War Gets Heated

So you’re surveying the shelf at the grocery store and have the choice between “Slap Ya Mama” and “Punch Ya Daddy” seasonings, made by two different companies. Which do you choose? Is the packaging confusing? The makers of "Slap Ya Mama" Cajun seasoning, Walker & Sons, thought yes, and filed a trademark infringement suit last year.

The spice war recently reached boiling proportions and a federal judge ordered "Punch Ya Daddy" to change its logo and packaging, which was deemed too similar. It was determined to be damaging the plaintiff's business. The name, however, is fine. The judge ruled that “Slap Ya Mama” is a common term in the Bayou, while “Punch Ya Daddy,” a name concocted by a child, is not.

“Slap Ya Mama” has been around since 1988 and has 12,000 friends on Facebook. It is the established brand. “Punch Ya Daddy” launched this year.

The moral of the story is to protect your brand, including the name and trade dress. When you are the market leader, competing brands may be willing to take the chance to ride your coattails. When a major brand names a new product, lawyers weigh potential name confusion issues very carefully to avoid lawsuits and consumer-related recognition problems. And the playing field should be the same for all brands -- including seasonings.