9th Circ. Won't Rehear Pom, Coca-Cola Labeling War

Law360, New York (August 14, 2012, 1:26 PM EDT) -- The Ninth Circuit last week denied Pom Wonderful LLC’s request for an en banc rehearing of a three-judge panel’s dismissal of its claim that The Coca-Cola Co. violated the Lanham Act by misleadingly naming and labeling its Minute Maid pomegranate-blueberry juice blend.

The same panel voted unanimously to deny Pom’s petition for a rehearing before the full appeals court, the Aug. 8 order said. Pom had sought to revive the claim, dismissed in May. Pom had already secured a partial win in May when the panel...
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