Appeals court dismisses trademark infringement case against Tyson Foods

A trademark infringement case against Tyson Foods for its slogan “Park’s Finest” to describe Ball Park Franks, was made public this past week by the 3rd District U.S. Circuit of Appeals in Philadelphia. The court sided with Tyson Foods over the alleged infringement claims brought by sausage maker Parks LLC in 2016. The ruling had been under seal for several months as both sides had a chance to redact portions of the opinion before publishing.

Pittsburgh, Pa.-based Parks said it has made sausage since 1950. Parks’ suit against Tyson Foods / Hillshire Brands claimed the Springdale-based meat giant inappropriately branded its Ball Park Franks as “Park’s Finest” a slogan the company began using in 2014.

The appellate court judge Joseph Leeson Jr. found no reasonable facts in Parks’ favor from the evidence presented to the court. Leeson said “Park’s Finest,” an all-beef line of hot dogs launched in 2014, served merely as a “reference” to the Ball Park brand, and confused only one in 200 people Tyson Foods surveyed.