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Capri Sun files a claim against American Beverage Corporation

Written by Mekael Rahman on 22 February 2019

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Capri Sun, the maker of the popular fruit juice drink has filed a claim against a competitor, namely, American Beverage Corporation (ABC) for allegedly infringing its trade mark covering its ‘pouch’ container. The former lodged a complaint at the US District Court for the Southern District of New York on 14 February 2019, accusing the latter of breach of contract, trade mark infringement and dilution, and unfair competition.

Capri Sun has been the owner of the ‘Capri Sun Pouch’ trade mark with respect to its drinks container since 1986. Apparently, both aforementioned entities were parties to a licensing agreement pertaining to the said pouch trade mark in 2016. However, the license ended in July 2018 and Capri Sun claimed that ABC continued to sell beverages which infringed its trade mark ‘despite expiration of the license agreement’. Furthermore, the Claimant had also sent the Defendant ‘multiple protest letters’.  

Kathrin Stapper, who is the Chief Legal Counsel of Capri Sun has confirmed the reasons behind its decision to sue ABC. She stated that ‘… consumers throughout the world associate the iconic CAPRI SUN® pouch trademark uniquely with Capri Sun, and we do not want our loyal customers to be confused or deceived about the source or quality of products that ABC is offering under its imitation, knock-off pouch’.

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