An important part of owning a business is protecting your brand and preventing competitors from stealing your business. For the second time, Pom Wonderful has been denied the right to stop a rival company from selling a pomegranate-flavored energy drink that has a similar name. According to a report in The New York Times, a federal court has ruled that Pom Wonderful did not deserve an injunction. The judge stated that Pom Wonderful didn’t adequately prove that an injunction was needed.
In 2013, Pom Wonderful sued Pur Beverages for trademark infringement because the company believed consumers would be deceived into thinking the energy drink was associated with the Pom Wonderful brand. Among reasons Pom Wonderful filed the trademark lawsuit was because they feared that the energy drink would tarnish their health-conscious brand. However, the court has ruled on two occasions now that Pom Wonderful hasn’t proven that Pur Beverage’s actions hurt their brand.
Trademarks are a complicated but important part of business law. Trademark laws govern the use of a device, such as a product shape, logo, symbol or phrase, used by a business to identify goods. A strong trademark sets a business apart from others and makes a brand identifiable.
Trademark infringement occurs when a second business starts using a phrase, logo or other device that causes confusion among consumers. Trademark infringement is when consumers become confused because two brands are similar. During a trademark infringement case, the court will review:
- The strength of the mark
- The similarity of the marks
- The proximity of the goods
- Similarity of marketing channels utilized by the two companies
- The intent of the second business
- Evidence that of actual confusion by consumers
Proving that a company has infringed upon your trademark is only the first step. You must also show that the infringement has a direct impact on your business. An experienced New York trademark attorney can review your case, compare the trademarks and help you pursue the best possible outcome for your business. Contact the attorneys of The Internicola Law Firm, P.C. at (800) 976-4904 to discuss your future.
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