[W]hile it is true that the packaging of other sweetener products often contain depictions of coffee, iced tea, baked goods, fruit, and/or cereal, these depictions do not diminish the inherent distinctiveness of the Splenda trade dress when we consider the trade dress as a whole. . . . [The fact that other sweetener products used a yellow, blue and white color scheme prior to the introduction of Splenda] does not detract from Splenda’s inherent distinctiveness.
Wednesday, July 09, 2008
I Bet NutraSweet is Wishing it had Splenda's Lawyers. The WSJ Law Blog is reporting on a recent decision issued by the Eastern District of Pennsylvania in a trade dress infringement suit brought by the makers of Splenda against a generic artificial sweetener manufacturer. From the opinion:
Posted by Kimberley Isbell at 12:27 PM
Wednesday, July 02, 2008
Life Imitates Ad. Following up on this post, it seems like Coke Zero has gotten itself in a real trademark litigation. According to Law.com,
Last March, Baig's attorneys contacted Coke for the sixth time in a formal demand letter. On June 5, Coke received yet another letter from Baig's counsel stating that Baig was 'dead serious about filing suit' and promising to forward a copy of the complaint he intended to file if Coke did not meet Baig's demands by June 13. That complaint, according to the Coke pleading, never arrived.I would say that that should be sufficient to support a DJ action.
Posted by Kimberley Isbell at 6:51 PM