Potato Chip Institute, a Corporation, and Weaver Potato Chip Co., Inc., a Corporation v. General Mills, Inc., a Corporation

Appellants Potato Chip Institute and Weaver Potato Chip Co. filed this suit seeking an injunction to prevent General Mills Co. from advertising as potato chips its product called Chipos. The complaint is premised upon § 43(a) of the Lanham Act, 15 U.S.C.A. § 1125. The decisive question, as described by Chief Judge Urbon, is as follows:

“The pivotal issue is whether labeling or advertising a product as ‘potato chips’ tends falsely to describe or represent the product when it has been fashioned from dried potato granules rather than from sliced raw potatoes.” 333 F.Supp. 173, 175 (D.Neb. 1971).

Ju…