Amplify Snack Brands, the US snack maker, has filed a federal trademark infringement and unfair competition lawsuit against Snyder’s-Lance over what it described as the “deceptive use and importation” of the SkinnyPop trademark.
According to Amplify, the group recently learned Snyder’s-Lance is preparing to launch UK popcorn brand Metcalfe’s Skinny Popcorn in the US. The complaint alleges Snyder’s-Lance’s actions constitute “willful infringement” of Amplify’s mark and “an obvious attempt to confuse consumers”.
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The lawsuit was filed in federal district court on Tuesday (11 April) in Austin, Texas.
Amplify’s CEO, Tom Ennis, said: “We believe in fair play and fair competition. Snyder’s-Lance’s and Metcalfe’s effort to copy our brand name is flattering but not how trade competitors should behave. Even now, infringing products are being sold by Snyder’s-Lance and Metcalfe that include false registration marks and which are attempting to trade off of the goodwill of our SkinnyPop brand.”
He added: “We look forward to defending our mark and securing a just result from the court.”
just-food was unable to reach representatives at Snyder’s-Lance at the time of press. The company, which owns brands including Metcalfe and Kettle Chips, is working to expand its sales through a focus on healthy snacking innovation. Snyder’s-Lance launched a swathe of NPD designed to tap into demand for better-for-you snacking in the US last month.
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By GlobalDataThe SkinnyPop brand enjoys nationwide distribution throughout the US and, last year, accounted for more than US$200m in sales.
Snyder’s-Lance acquired full control of UK snack maker Metcalfe’s Skinny last September.
The deal, struck for an undisclosed sum, was completed through Snyder’s-Lance’s UK subsidiary Kettle Foods, which bought a 26% stake in Metcalfe’s in January last year when it was still owned by Diamond Foods. That investment came three months after Snyder’s-Lance had struck a deal to buy US peer Diamond Foods for US$1.91bn. Snyder’s-Lance’s acquisition of Diamond Foods was completed in February last year.
