Appeals court backs Tyson hot dog brand

A claim by Pittsburghbased Parks LLC that the Tyson Foods Inc. and Hillshire Brands Co. hot dog brand “Park’s Finest” is a trademark infringement and false advertisement was rejected Thursday by an appeals court.

The 3rd U.S. Circuit Court of Appeals in Philadelphia upheld a federal judge’s May 2016 dismissal of Parks’ claim that consumers would think Parks was the producer of “Park’s Finest” frankfurters.

“We’re pleased with the court’s ruling which confirms our right to use the Park’s Finest name to market our premium line” of Ball Park hot dogs, Tyson spokesman Worth Sparkman said in an email.

Thursday’s decision was filed under seal and is scheduled to be made public after both sides have redacted confidential information from the official court opinion.

In the May 2016 ruling, U.S. District Judge Joseph Leeson Jr. said Hillshire’s premium brand likely “didn’t deceive a substantial portion of the intended audience,” according to the court memorandum.