Running head: CASE: FRITO-LAY NORTH AMERICA, INC. V.

MEDALLION

Case: Frito-Lay North America, Inc. v. Medallion Foods, Inc. et al

Brittany Brown, Gabriella Goodfield, Tommy Lee, Xaviera Woodside
Law/531
March 30, 2015
Norma Sutton

CASE: FRITO-LAY NORTH AMERICA, INC. V. MEDALLION

Case: Frito-Lay North America, Inc. v. Medallion Foods, Inc.

IRAC Brief
Case:

Frito-Lay believes Medallion Foods similar to their trademarked bowl shaped

tortilla chips and packaging design. Frito-Lay requested Medallion Foods to
stop selling the bowl shaped tortilla chips. By Medallion Foods continuing to
sell the bowl shaped tortilla chips in the similar packaging as Frito-Lay, FritoLay has suffered damages

Issue:

Has there been a trademark infringement?

Rule:

A trademark infringement is unauthorized use of a trademark with permission

from the owner of the trademark. (Cheeseman, 2013 pg. 135)

Analysis

A manufacturing company protecting their product needs to use due care

when acquising another manufacturing of coping the protected product.

The manufacturer must prove that the defenandent was unauthroized in
reproducing the protected product. Additionally the unauthrozied
repoduction has caused confusion, mistake, and deceptive to the public of
the orgin or the product. The protected product. Both Frito-Lay and
Medallion Foods packaging was blue with black text. Frito-Lay must
prove that their packaging was distintive and non-functional

Conclusion:

Frito-Lay as unable to convince the jury that the packaging was distinctive

CASE: FRITO-LAY NORTH AMERICA, INC. V. MEDALLION

and non-functional, and Medallion Foods did not infringe on Frito-Lays

trademark.
Objectives 3.3 and 3.4
3.3: Differentiate between personal, real, and intellectual property issues
Personal Property is Tangible property such as automobiles, furniture, and equipment
(Cheeseman, 2013 pg. 789). Personal property have many issues. A few examples is cars can be
stole and securities can go bad. The person or the institutions that sold you the securities could
give you worthless securities.
Real Property is land, houses, plants, and wood (timber), and houses. In other words,
property that is not movable where as personal property is movable. In the real property, the
issues are many. The major issues trespassing or adverse possession. Adverse Possession is a
person who wrongfully possesses someone elses real property obtains title to that property if
certain statutory requirements are met. This is called adverse possession. Property owned by
federal and state governments is not subject to adverse possession (Cheeseman, 2013 pg. 814).
Intellectual Property is a term used that means Describes property that is developed
through an intellectual and creative process (Cheeseman, 2013 pg. 121). Intellectual Property is
consider intangible and they copyrights patents, trademarks, and trade secrets. One issue that an
employee or somebody from outside of the company can steal the company secrets. Another
issue concerns when applying for a patent. Another issue is a person uses a patent of another
person without being authorize to do so this call Patent Infringement.
3.4: Determine appropriate methods to address potential property issues.
Real Property has a few steps to address the potential issues. Real Property could be the
easiest of all property to address. They are:
1. Have an agreement in writing with the person who wants to use the land or house.

CASE: FRITO-LAY NORTH AMERICA, INC. V. MEDALLION

2. Build a fence or wall that have gate that could be lock. Also have a no trespressing
sign post on the wall.
3. Hire security guard or service that do security checks on hourly bases.
4. Have a lawyer.
5. When you find the trespressor call the authorities.
Intellectual Property here there are just a few methods to do to protect the property.
Copyright, Patents, Trade Secretes and Trademarks need to be register.