Tomay-to, Tomah-to, Metchup, Mayochup …

A U.S. appeals court in New Orleans said a man who created a mayonnaise-ketchup blend he called “Metchup” cannot sue Kraft Heinz Co. for selling a similar condiment called “Mayochup,” but ordered reconsideration of whether to cancel the man’s trademark registration, Reuters reported Monday.

The 5th U.S. Circuit Court of Appeals said there was little chance consumers would confuse Mayochup, sold in groceries nationwide under the Heinz brand, with Metchup, sold in the lobby of Dennis Perry’s nine-room Star Motel in Lacombe, Louisiana, next to his used-car lot, according to the report.

But the three-judge court said Kraft Heinz had not met its “heavy burden” to show Mr. Perry had abandoned his Metchup trademark, citing his own testimony that he hoped to improve Metchup’s packaging and sell millions of bottles, according to the wire service. Mr. Perry’s efforts could be “seen as a foundering business venture rather than a trademark trap,” a judge wrote.

Lawyers for Kraft Heinz and Mr. Perry did not immediately respond to requests for comment.

Mr. Perry sued Kraft Heinz following the September 2018 U.S. launch of Mayochup after learning the company used a mock-up “Metchup” bottle in an internet campaign to name its new condiment, which garnered 95 suggestions, including “Metchup,” “Best Sauce Ever,” “Saucy McSauceFace” and “It’s Fry Sauce You Monsters.”