Frito-Lay, Utz Fight Over Grandma

HARRISBURG, Penn.According to the Dallas Morning News, Utz Quality Foods, Inc. and Frito-Lay North America, Inc. filed lawsuits against one another over use of the term Grandma" in cookie brand names.

In August 2010, Utz sought court declaration from the U.S. District Court in Harrisburg to sell cookies under the Grandma Utzs brand. Utz is said to have filed the lawsuit after receiving a letter from Frito-Lay stating legal action would be taken if Utz did not make changes to its brand. The company noted that it has been selling Grandma Utz potato chips since 1983, and that selling cookies under the Grandma brand was a natural expansion of (our) potato chips products."

In a countersuit filed four days later in Sherman, Texas, Frito-Lay contends Utz is wrongly using the Grandma brand,  and will seek legal action for trademark infringement and unfair competition if Utz did not make changes.

In comparing cookies from both companies side by side, Frito contends Utz is selling a line of cookies virtually identical of Frito-Lays line of Grandmas cookies, using a mark and trade dress that imitate and are confusingly similar to the Grandmas (line)." Frito is asking that Utz be stopped from selling any cookies with trademark or dress that could be confused for Frito-Lays Grandmas cookies.