Cases & Deals

Reynolds Consumer Products wins jury verdict of willful infringement

Client(s) Reynolds Consumer Products Inc.

On behalf of Reynolds Consumer Products, LLC, Jones Day prevailed in a jury trial involving infringement of Reynolds Wrap® trade dress.

On March 28, a jury found that Wheeling, Illinois-based Handi-Foil Corporation willfully infringed the federal common law trade dress rights of client Reynolds Consumer Products, LLC to its iconic Reynolds Wrap packaging design.

Reynolds and its predecessors have used essentially the same packaging design—"reflex" blue on the left, and pink (or yellow) on the right with a divider between the colors—since 1958. Handi-Foil has been a leader in aluminum pans and containers, but was unsuccessful in selling aluminum roll foil under its own packaging designs. In 2012, however, Handi-Foil replaced Reynolds Wrap in a chain of "dollar" stores with a new packaging design that included a similar blue on the left, and red (or yellow) on the right with a divider between the colors. Handi-Foil subsequently expanded its new packaging to other retailers across the country, and Reynolds sued.

The case was unusual in that Reynolds hired Jones Day to replace its former counsel months after the final pretrial counsel and barely two months before trial. The Jones Day Washington team consisted of partner John Froemming, associates Jessica Bradley and Robyn-Ashley Hall, and staff attorney Rich Fieman.

Reynolds Consumer Products Inc. v. Handi-Foil Corp., Case No. 1:13-cv-00214 (E.D. Va.) (Judge O'Grady)