Ketchup giant, H.J. Heinz Company, has sued Irving-based Figueroa Brothers in the United States District Court for the Northern District of Texas for trademark infringement, trademark dilution, unfair competition, and unjust enrichment over the design of their ketchup bottle. Heinz has held the trademark for over five decades and claims they have tried to settle out of court with Figueroa Brothers. Heinz is alleging violations under both Texas common law and federal law. In its complaint, Heinz is asking for a jury trial and is claiming protection as a “famous” mark. As Heinz is complaining that the dilution and infringement is willful, this will affect the accounting of damages, which Heinz has asked to be trebled.

Trade dress as a legal concept refers to the characteristics of the visual appearance of the product, goods, or its packaging. It can also refer to the design of a building, restaurant, or store, as long as it still remains a source identifier to consumers. To be registrable under the Lanham Act, trade dress cannot be functional and must be distinctive.

Source: http://bizbeatblog.dallasnews.com/2014/03/ketchup-giant-heinz-sues-irving-based-maker-of-spicy-ketchup-over-trademark-bottle-design.html/

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