A Pretzel By Any Other Name*

We’re in the midst of discussing trademark issues so here’s a timely article for Internet Law students: Trademarks Take On New Importance in Internet Era. The article mentions a challenge to the Pretzel Crisps trademark brought by Frito-Lay. Frito-Lay argues the term is generic–“like ‘milk chocolate bar.'” I think that a trip down the grocery store snack aisle would present trademarks of similarly lukewarm distinctiveness that have acquired secondary meaning, but I don’t have time right now for that trip and the last time I shopped I wasn’t attentive enough to snack trademarks to offer examples. I will say the Pretzel Crisps website has kick-ass SEO–the product dominates the highest-ranked organic responses to a Google search.

*would taste as crisp

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