9th Circ. Overturns 'Pom' Trademark Ruling

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,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!