5th Circ. Lifts TM Ban On Pepsi's 'Gatorlyte' For Now

Law360 (February 22, 2021, 4:59 PM EST) -- The Fifth Circuit hit pause Sunday on a restraining order issued days earlier that barred PepsiCo Inc. from launching a new Gatorade line called Gatorlyte, ordering a lower judge to hold a hearing before granting the drastic remedy.

In a rare writ of mandamus, the appeals court stayed an emergency temporary restraining order granted by a district judge on Friday evening to Laboratorios Pisa SA de CV, a Mexican company that claims Pepsi's new product will infringe its Electrolit beverage.

In appealing to the Fifth Circuit, Pepsi had argued that the "onerous" restraining order had been issued less than 24 hours...

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