Last week, Capri Sun, the owner of the beverage CAPRIL SUN® filed a lawsuit in a United States federal court against American Beverage Company (“ABC”), a beverage company located in Verona, Pennyslvania for trademark infringement.
Capri Sun GmbH is known for its iconic pouch shape design sold for the past half century in over 110 countries around the world.
The plaintiff alleges that the defendant breached a certain license agreement and related trademark claims.
The lawsuit states that the defendant continued to use the iconic CAPRI SUN® pouch trademark for fruit-juice drinks without a license after intentionally terminating the parties’ license agreement.
The plaintiff further alleges that ABC’s pouch is similar to theirs and has caused confusion and deception to consumers in believing they are affiliated with the Capri Sun’s iconic CAPRI SUN® Pouch Trademark.
The plaintiff states that the defendant is responsible for breach of contract, trademark infringement, trademark dilution, Trade-Dress infringement, and unfair competition.
“Consumers throughout the world associate the iconic CAPRI SUN® pouch trademark uniquely with Capri Sun, and we do not want our loyal customers to be confused or deceived about the source or quality of products that ABC is offering under its imitation, knock-off pouch”- Kathrin Stapper, Chief Legal Counsel of Capri Sun said.
Capri Sun GmbH v. American Beverage Corporation
|New York Southern District Court|
|Judge:||Paul A Engelmayer|
|Nature of Suit||Breach of contract, Trademark Infringement, Trademark Dilution, Trade-Dress infringement, and Unfair Competition.|
|Cause||Trademark Infringement (Lanham Act)|
|Case Filed:||Feb 14, 2019|