1. Home
  2. Browse Decisions
  3. F.3d
  4. 679 F.3d
  5. 679 F.3d 1170 (2012)
 

POM WONDERFUL LLC v. COCA-COLA CO.

No. 10-55861.

679 F.3d 1170 (2012)

POM WONDERFUL LLC, a Delaware limited liability company, Plaintiff-Appellant, v. The COCA-COLA COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2012.

Attorney(s) appearing for the Case

Seth P. Waxman , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., argued the cause and filed the briefs for the plaintiff-appellant. With him on the briefs were Randolph D. Moss , Brian M. Boynton , Felicia H. Ellsworth , and Madhu Chugh , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Craig B. Cooper , Daniel S. Silverman , and Daniel A. Beck , Roll Law Group P.C., Los Angeles, CA; and Andrew S. Clare , Loeb & Loeb LLP, Los Angeles, CA.

Steven A. Zalesin , Patterson Belknap Webb & Tyler LLP, New York, NY, argued the cause and filed the brief for the defendant-appellee. With him on the brief were Sarah E. Zgliniec , Travis J. Tu , and YiLing Chen-Josephson , Patterson Belknap Webb & Tyler LLP, New York, NY.

Before: D.W. NELSON, DIARMUID F. O'SCANNLAIN, and N. RANDY SMITH, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the Food, Drug, and Cosmetic Act bars a Lanham Act claim alleging that the name and labeling of a juice beverage are deceptive.

I

Pom Wonderful LLC produces, markets, and sells bottled pomegranate juice and pomegranate juice blends, including a pomegranate blueberry juice blend. The Coca-Cola Company markets and sells bottled juices and juice blends under the Minute Maid brand....

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases