Frito-Lay, Inc., a Corporation v. Morton Foods, Inc., a Corporation, and William T. Willis

LEWIS, Circuit Judge.

Appellant brought suit against appellee 1 in the District Court for the Western District of Oklahoma alleging unfair competition and trademark infringement and seeking an injunction and treble damages allegedly sustained when the appellee marketed a snack-food product under the name of “Chip-O’s.” Appellant has been producing and selling various snack-foods under names carrying similar pseudo-Spanish suffixes, such as the registered “Fritos” and “Tatos”, and asserted in its complaint that the name adopted by appellee for its product caused consumer confusion wrongfully…