Posted by Mark J. Miller on April 15, 2013 11:50 AM
PepsiCo’s Frito-Lay Scoops Corn Chips may identify itself as “a unique combination of great taste and good fun rolled into one great snack,” but a jury in Texas has a few quibbles with just how unique its name is.
Frito-Lay North America came after Medallion Foods and Ralcorp Holdings for their Bowlz and Cupz chips that appeared in Walmarts and Krogers, respectively, around the time of this year’s Super Bowl, FoodProductDesign.com reports. Frito-Lay was not amused and wanted $4.5 million for their troubles as well as the disappearance of any products that come close to looking like Scoops.
After just five and a half hours, the 10-person jury ruled against Frito-Lay. “This was a very complicated trial, and we were fortunate to have an extremely smart jury that understood the issues and delivered a just verdict,” said John Ward, whose firm Ward & Smith helped represent Medallion, according to IPWatchdog.com. “This jury digested almost 40 pages of complex instructions and returned a verdict in our clients’ favor on all issues submitted.”
Fritos was not amused and is “reviewing its options.” Food Product Design reports that before the trial, Frito-Lay had said that it thought former employees and a vendor who had worked on Scoops had given trade secrets to their competitors, but no witnesses were called to talk about such issues during the trial.
Never down in the dumps for too long, the Lay’s arm of Frito-Lay is celebrating its 20th anniversary of Wavy Lay’s with the brand’s first packaging redesign as well as the introduction of a new roasted garlic and sea salt chip. The new look will have “a more modern look and feel, with vibrant colors and a font that exudes the brand's approachable and playful personality to better appeal to its target female consumer,” according to a company release. So look out, ladies. When you start feeling the pull toward Wavy Lay’s, you go right ahead and blame the designer.