Big Red Takes on Big Ben in Red Cream Soda Trademark Dispute

Big Red, Inc., a beverage company owned by Dr Pepper Snapple Group
Inc., has filed a trademark infringement lawsuit against Catawissa
Bottling Co., alleging that the company packages its Big Ben cream
soda too similarly to Big Red’s red cream soda product. Big Red, Inc.
v. Catawissa Bottling Co., Inc., No. 15-1423 (N.D. Tex., filed March 6,
2015). Big Red cites as distinctive its “consistent product packaging,
which is unified by a central configuration: Two single syllable words,
‘BIG RED,” are featured prominently on the center of a label and
positioned between stylized text or small accents. The label is then
imposed on a clear, wide shouldered bottle with a tapered neck that
angles smoothly towards the collar.” Big Ben “is artificially colored to
an identical shade of red,” Big Red argues, and “is marketed in product
packaging that is nearly identical.” Big Red alleges federal and state
trademark and trade dress infringement and dilution, and it seeks an
injunction, damages and attorney’s fees.

Issue 565