• stevebaird

    Nice post and interesting perspective Draeke, do you suppose that Mr. Tran might have been inspired by this Tobasco trade dress with the green band on the neck of the bottle:

    http://www.catalogs.com/info/bestof/top-10-best-hot-sauces

    And, what about that UV packagaing? Same question, but add to it, inspiration from Chili’s logo too?

    http://www.chilis.com/EN/Pages/home.aspx

    Note that Chili’s appears to be trying for non-verbal trademark logo status with the likes of the Nike Swoosh and McDonald’s Golden Arches!

    • Maybe UV’s strategy was to borrow a little from each to claim infringement of none! But I still think that Huy Fong Foods’ trade dress is so strong that the combination of the word “sriracha” with a bright green top on a bright red object – whether that’s a pair of socks or a vodka bottle – potentially infringes as a false indicator of affiliation or connection. And to be clear, I think a lot turns on the use of the word “sriracha” because of how closely sriracha is affiliated with Huy Fong Foods’ trade dress in the United States. If UV had called the flavor “thai chili” or “spicy thai” I’d consider the bright green cap less audacious.

      • stevebaird

        Draeke, to your point about the close connection of the generic word “sriracha” with Huy Fong, note the above catalogs.com link counting down the top ten hot sauce brands, each is listed by brand name until the #1 hot sauce is identified as “Sriracha” with a picture of the Huy Fong bottle — looks like there might be some confusion as to whether this is a brand or generic term!