'Superpower' Beer and Fruit Juice Not Related, TTAB Says

Law360 (August 6, 2018, 4:47 PM EDT) -- The Trademark Trial and Appeal Board has ruled that consumers will not confuse a juice called “Antioxidant Superpower” with a beer called “Superpower,” rejecting the argument that the two types of beverage were closely related for trademark purposes.

Shooting down a challenge filed by the company behind POM Wonderful and Fiji Water, the board ruled Thursday that Denver-based Comrade Brewing Co. LLC could register its “Superpower” as a trademark for beer.

In past cases, the board has held that wine and spirits are closely related to beer in the minds of consumers, but it said The Wonderful Co. had failed to...

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