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CAPRI SUN GMBH v. AMERICAN BEVERAGE CORP.

19 Civ. 1422 (PAE).

414 F.Supp.3d 414 (2019)

CAPRI SUN GMBH, Plaintiff, v. AMERICAN BEVERAGE CORP., Defendant.

United States District Court, S.D. New York.

Signed October 29, 2019.

Editors Note
Applicable Law: 15 U.S.C. § 1114
Cause: 15 U.S.C. § 1114 Trademark Infringement (Lanham Act)
Nature of Suit: 190 Contract: Other
Source: PACER

Attorney(s) appearing for the Case

Allison Levine Stillman , Jonathan Webster Thomas , A. John P. Mancini , Mayer Brown LLP, New York, NY, for Plaintiff.

Dawn L. Rudenko , Holland & Knight LLP, Stamford, CT, Joshua Krumholz , Mark T. Goracke , Holland & Knight, LLP, Boston, MA, for Defendant.

OPINION & ORDER

This case raises novel questions regarding the interplay of contract law and the trademark law defense of functionality.

Plaintiff Capri Sun GmbH ("Capri Sun") holds a trademark for its familiar tinfoil pouch design for fruit juice drinks containing water (the "Pouch Trademark...

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