A California federal court has granted summary judgment to Pom Wonderful LLC in its trademark lawsuit against Pur Beverages Inc., which sells a pomegranate-flavored beverage under the name “Pur Pom.” Pom Wonderful LLC v. Hubbard, No. 13-6917 (C.D. Cal., order entered June 29, 2016).

Pom filed a lawsuit alleging infringement of the “pom” mark, and Pur defended its use by arguing that Pom’s stylized use of the mark—a heart-shaped “O”—prevented Pom from claiming ownership of the non-stylized mark. The court disagreed, finding that the “stylized lettering does not alter the pronunciation or perception of the word; the standard character mark is both aurally and visually indistinguishable from the mark bearing a heart-shaped ‘O.’” Information about the Ninth Circuit decision reversing a lower court’s decision in favor of Pur Beverages appears in Issue 550 of this Update.

 

Issue 610

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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