Law360, New York (January 2, 2015, 11:56 AM EST) -- The Ninth Circuit this week vacated a lower court’s decision to deny Pom Wonderful LLC a preliminary injunction blocking the sale of a “pur pom” energy drink, saying the trial judge botched the likelihood of confusion analysis.
Pom sued Pur Beverages in September 2013 to bar the use of the name, but U.S. District Judge Margaret M. Morrow said in January 2014 that Pom probably wouldn’t succeed in its claim of trademark infringement, focusing on the distinct visual features of the two companies' products.
In overturning that ruling Wednesday, the Ninth Circuit said Judge Morrow’s approach disregarded or underemphasized important similarities,...
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