A U.S. Appeals Board in New Orleans said a man who created a mayonnaise-ketchup blend he called "Metchup" could not sue Kraft Heinz Co. for selling a similar spice called "Mayochup", but ordered a reconsideration of whether to suspend the man's trademark registration, Reuters reported on Monday.
The Fifth U.S. Circuit Court of Appeals said there was little chance consumers would confuse Mayochup, which is sold in groceries throughout the Heinz brand, with Metchup, which is sold in the lobby of Dennis Perry's nine-room star motel in Lacombe, Louisiana. , next to his used car lot, according to the report.
But the three-judge judge said Kraft Heinz had not met his "heavy burden" to show that Perry had abandoned his Metchup brand, citing his own testimony that he hoped to improve Metchup's packaging and sell millions of bottles , according to the wire service. Mr Perry's efforts can be "seen as a founding business venture rather than a trademark trap", a judge wrote.
Lawyers for Kraft Heinz and Perry did not immediately respond to a request for comment.
Mr. Perry sued Kraft Heinz following the US launch of Mayochup in September 201