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PepsiCo Files Suit Over Can And Bottle Safes

Law360 (February 13, 2007, 12:00 AM EST) -- PepsiCo Inc. has filed a trademark infringement suit against three companies that deal in smoking paraphernalia and other “tobacco accessories,” arguing that the defendants’ products could lead consumers to associate PepsiCo’s marks with illegal drugs.

At issue are the defendants’ can and bottle safes, which contain hidden storage compartments and bear marks including Pepsi, Diet Pepsi, Mountain Dew and Sierra Mist. The lawsuit was filed Monday in federal court in Georgia, and invokes the Lanham Act as well as Georgia law.

“The association of the Pepsi...
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