As you may recall, three weeks ago, I posted about what appeared to be the makings of a “Red, Hot, Chip Fight” between Old Vienna and Barrel O’Fun Snack Foods, over Barrel O’Fun’s use of “Red Hot Ripple” and other elements of trade dress claimed by Old Vienna (see here for my prior post and a side-by-side comparison of the potato chip bags).
As you may also recall, I invited you to “stay tuned” to “see how this fight progresses.”
Folks, this one didn’t even last the first round, almost as soon as the opening bell sounded, the case was voluntarily dismissed by Barrel O’Fun before Old Vienna’s answer was due. Here is a copy of the Order of Dismissal.
I’m guessing the parties worked something out to their “mutual satisfaction” — if anyone knows for sure, ring the bell, please.