Heinz Claims Irving-Based Melinda's Ketchup Bottle Looks a Little Too Familiar

Categories: Food News

Heinz-vs-Melindas.jpg
No, you're not seeing double -- or are you?
If these two bottles were featured in a match game on the touch screen at your local bar, you could have a field day. For starters, the labels are different sizes, and the Heinz version features a ripe tomato, desperately begging to be plucked from its vine, while Melinda's features a spicy señorita.

According to Heinz, however, they're not different enough.The condiment giant recently alleged in federal court that Melinda's spicy ketchup bottle is potentially confusing customers by suggesting some affiliation with Heinz.

Along with the spicy ketchup, Irving-based Figueroa Brothers is responsible for a number of hot sauces and products under the Melinda's brand. In the lawsuit Heinz points out that while the other products are packaged in indistinctive bottles, Melinda's Spicy Ketchup is pumped into a glass container that closely resembles the eight-sided design for which they hold a patent.

Heinz also says in the suit that they asked Figueroa Brothers to change the bottle on their own in order to settle the issue amicably, but the hot sauce makers declined. Now it's up to the courts to decide.

Certainly if you step back from your monitor, do a shot of tequila, squint and look at the image above, you could easily mix the two bottles up, and the same could happen if you grasp for either bottle in the dark. But if Melinda's habanero ketchup is anything like their habanero hot sauce, there will be no mistaking the two condiments when you twist open the top.

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22 comments
ColonelAngus
ColonelAngus

Melinda's ketchup goes well with the fries at Mcdowell's, alongside a Big Mick

mavdog
mavdog topcommenter

oh, forgot to say thanks Heinz, I didn't know there was a Melinda's Habernero ketchup. I'm going to get some and try it out.

mavdog
mavdog topcommenter

Heinz is suing in regard to trademark infringement, not a patent violation.

Is the Melinda's bottle 8 sided? then they need to change. .

I'd expect that the Melinda's bottle is 8 sided or Heinz would not be taking this to the courthouse.

Why Figueroa would not see that a change in the bottle will cost them less than fighting Heinz is beyond me

lolotehe
lolotehe

Which is the one with no HFCS?

Obvious
Obvious

The lesson here is clear.. Heinz has good reason to believe that people that use their product are completely illiterate. 

_nctrnl
_nctrnl

I didn't realize you could patent a freaking bottle.  It seems as though a trademark may be more suitable for that situation unless their 8 sided bottle is somehow technologically superior to other designs.  I find it ridiculous what companies can put patents on.

P1Gunter
P1Gunter

So when does Inbev start suing Miller/Coors? It's a damn bottle. Get over yourselves Heinz.

alteredjustice
alteredjustice

@_nctrnl  Yeah, I'm actually wondering if the author of this article knows what a patent is. I can't find any evidence that they're suing over patent infringement outside of this article.

kfries1
kfries1

@Myrna.Minkoff-Katz It doesn't matter as I mix mine with horseradish. French fries should either be eaten with honey mustard or cocktail sauce. Burgers? Glad you fucking asked, dammit! That's Lea & Perrins steak sauce.
Next?

kergo1spaceship
kergo1spaceship

@Myrna.Minkoff-Katz  


I prefer not Ketchup; the world would be a better place without Lake Lavon, Garland and Ketchup.  It's a useless, banal condiment that doesn't compliment anything.  Methinks the ketchup consumer is the dult or serial fast food consumer. The UNDER literate.


gabe48
gabe48

@kergo1spaceship @Myrna.Minkoff-KatzCorrection: A dolt, a serial fast food consumer and/or a meatloaf enthusiast. 

Mac's would never serve ketchup.  Only fresh, hand cut fries, and the jalapeño sausage at Mac's is the best I've had anywhere.

Sharon_Moreanus
Sharon_Moreanus topcommenter

I hear that's not all you out in there. ;-)

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