7
Mar/14

Heinz v. Melinda re Ketchup Bottle Trade Dress


melinda ketchupheinz-ketchup-24-14-oz-bottles-case
Heinz owns a registration covering a 2d version of a mark depicting its bottle described as:

. . . a two dimensional representation of applicant’s ketchup bottle container and the product labels affixed thereto, which two dimensional representation is itself used as a logo mark on single serve packaging for the applicant’s goods.

It owns a 3d version described as:

. . . a glass bottle, the lower portion of which contains eight hexagon panels which are round on the top and bottom and the upper portion which tapers inward slightly from the top of the panels to the top of the bottle and cap thereto.

Defendant sells MELINDA-brand spicy ketchup, depicted above. I’m not sure why anyone would buy a glass ketchup bottle at this time, when squeezable palstic versions are available. The word KETCHUP is Chinese in origin. That and other fun ketchup facts are found here. Heinz claims that the ketchup will pour faster if you hit it on the ’57’ on the neck. Ketchup is a non-Newtonian liquid.

KETCHUP is acknowledged to be the standard spelling these days (apparently there are regional hold-outs). Heinz Dawid claimed that one time he instructed a foreign associate to file an application covering CATSUP and the associate filed for CAT SOUP.

heinz v melinda trade dress complaint

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