Facts

Plaintiffs Bimbo and Barcel filed a trademark and trade dress case against Snak-King, claiming Snak-King's competing snack, Taco-Litos, is similar to Bimbo's Takis in packaging and product shape. Plaintiffs sought to enjoin Snak-King from advertising, promoting, marketing, distributing, producing, or selling any products that bear the Taco-Litos mark, packaging, or product shape. Plaintiffs claimed that Snak-King's rolled-shaped snack is "indistinguishable" from plaintiff's rolled snack, Takis and causes consumer confusion.

Plaintiff filed claims for trademark infringement, packaging trade dress infringement, and infringement of product configuration trade dress under the Lanham Act.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the Takis product configuration of slanted ends and visible fold like that of a rolled taco is immediately identifiable as Takis.

Result

Plaintiffs request for a preliminary injunction was denied.