“Pretzel crisps” is a generic term that cannot be trademarked, a judge ruled in a victory for Frito-Lay over a competitor.
The ruling by a federal judge based in North Carolina was the latest loss for the Snyder’s-Lance unit of Campbell Soup Co. in a legal battle that has gone on since 2009. That’s when Princeton Vanguard LLC applied for a “principal register” federal trademark – the highest level of legal protection – for its Pretzel Crisps.
Frito-Lay, maker of Rold Gold pretzels, objected, and the fight was on, continuing after Snyder’s-Lance acquired Princeton Vanguard in 2016. An administrative ruling from the U.S. Patent and Trademark Office in 2014 went in Frito-Lay’s favor, but a federal court remanded the case to the agency in 2017. The agency again found for Frito-Lay, and Snyder’s-Lance appealed again.
U.S. District Judge Kenneth Bell ruled for Frito-Lay, finding that the phrase “pretzel crisps” is simply a generic term for a "pretzel in the form of a crisp or cracker," with no additional meaning imparted.
