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:
[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 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,
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.