POM WONDERFUL LLC v. HUBBARD

No. 14-55253.

POM WONDERFUL LLC, a Delaware limited liability company, Plaintiff-Appellant, v. ROBERT G. HUBBARD, JR., DBA Portland Bottling Company, DBA Pur Beverages, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2014.


Attorney(s) appearing for the Case

Joseph Scott Klapach (argued), Klapach & Klapach, Beverly Hills, California; Daniel Beck , Roll Law Group P.C., Los Angeles, California; Douglas N. Masters , Loeb & Loeb LLP, Chicago, Illinois, for Plaintiff-Appellant.

Heather Lynn McCloskey (argued) and James J.S. Holmes , Sedgwick, LLP, Los Angeles, California, for Defendant-Appellee.

Opinion by Judge Ebel.


OPINION

EBEL, Circuit Judge.

This appeal arises from the district court's order denying Plaintiff-Appellant Pom Wonderful's motion for a preliminary injunction. Pom Wonderful—the owner of the "POM" standard character mark—brought a trademark infringement claim against Defendant-Appellee Robert G. Hubbard, Jr., d/b/a Portland Bottling Company and Pur Beverages ("Pur") to stop Pur from using the word "pom" on its pomegranate-flavored energy drink...

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