Heinz’s ‘Mayochup’ Doesn’t Infringe ‘Metchup’ Trademark

H.J. Heinz Company Brands LLC won’t have to face claims that its “Mayochup” condiment infringes on a Louisiana man’s “Metchup” trademark, after the Fifth Circuit affirmed there is “little chance” that consumers would confuse the products.

Plaintiff Dennis Perry markets his Metchup—made of Wal-Mart-brand ketchup mixed with Wal-Mart-brand mayonnaise or mustard—"to the guests at his nine-room motel,” while Heinz sells to the shoppers “at most every grocery and to online customers through an extensive web store,” the court said. “Sensibly speaking, Mr. Perry has no presence in Heinz’s market and Heinz no presence in his.”

As a result, no reasonable ...