Classic Foods International Corp. v. Kettle Foods, Inc.

MEMORANDUM OF DECISION

I. INTRODUCTION

This trademark case involves the use of the term “kettle” on packages of potato chips. Many snack food companies produce brands of potato chips with “kettle” in their names, including Plaintiff Classic Foods International Corporation (“CFI”), which makes “Kettle Classics,” and Defendant Kettle Foods, Inc. (“KFI”), which makes “Kettle Chips.” These two companies make their style of potato chips in much the same way as other producers. They slice small batches of potatoes directly into industrial-sized kettles or trough-like metal fryers, where they are stirred and cooked by hand. This kettle-cooking (or batch-cooking) process requires careful, individual attention to the chips to ensure that the proper flavor and crunch are produced without burning the chips. The result of this careful preparation and cooking process is a crunchier, sweeter potato chip that is of much higher quality than an ordinary, mass-produced chip.

In this lawsuit, KFI contends that it has trademark rights in the term “kettle” and that CFI must stop using the term in its brand name. The critical question before the Court is whether the term “kettle” is a trademark when…