Vitaminwater Maker Hits Back In Trade Dress Case

Law360, New York (August 22, 2008, 12:00 AM EDT) -- Energy Brands Inc. has launched a counterclaim in the declaratory judgment case brought by National Beverage Corp., which claimed that the packaging for National Beverage's Asante water products does not infringe Vitaminwater’s trade dress.

In a filing Thursday in the U.S. District Court for the Southern District of Florida, Energy Brands — which does business as Glaceau — said that National is engaged in an unlawful campaign to lure consumers into buying Asante waters based on the mistaken belief that the products are sponsored or licensed...
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