LAFAYETTE, La. -- The Ville Platte company that makes "Slap Ya Mama" Cajun seasoning has slapped a lawsuit for trademark infringement on an upstart spice company marketing under the name "Punch Ya Daddy."
Walker & Sons, the family owned company that makes "Slap Ya Mama," alleges the similarity of the other brand's name and logo are an attempt to draw on their brand's good reputation.
"We think the name itself was calculated to call on the image already created by 'Slap Ya Mama,"' Walker & Sons attorney William Stagg said. "They were attempting to grab hold of the image 'Slap Ya Mama' had already developed."
Stagg said the family became aware of the other seasoning brand when customers began asking about their new product.
"Punch Ya Daddy" owner Kirby Falcon Jr., of Houma, and his attorney declined comment on the case.
In a news story in The (Houma) Daily Courier earlier this year about Falcon's spice brand, he was quoted as having come up with the name for his seasoning while roughhousing with his young son, who said, "I'm going to punch ya, daddy."
Falcon told the reporter that he first began offering the seasoning at his former coffee shop and restaurant in Houma and has distribution in more than 100 stores.
Falcon registered "Punch Ya Daddy" as a trade name with the state in May and the state lists its first use in February.
Walker & Sons registered the "Slap Ya Mama" trade name in February 2008 but had been using it for about 10 years before that, with the current logo making its first appearance at the Ville Platte Smoke Meat Festival in 1998, according to the lawsuit.
Stagg said the issue is not just the name but also the similar design of the packaging.
The case was originally filed in state District Court in Evangeline Parish but transferred this week to federal court in Lafayette.
No court date has been set.
