Critical Thinking

Business Law class:

Question: Plaintiffs American Beverage Corporation (“ABC”) and Pouch Pac Innovations, LLC (“PPi”) brought suit against defendants Parrot Bay and Smirnoff brands for infringing the design and trade dress used for frozen cocktail mixtures produced by the plaintiffs. Specifically, Plaintiffs allege that they patented a “pouch” design for frozen cocktails, which was later used by the defendants. The appearance of the plaintiffs’ patented design is an “hourglass shape when viewed from the front, a wedge shape when viewed from the side, and a lenticular shape when viewed from the bottom.” The defendants alleged that they sought a shape and size similar to that of the plaintiffs’ “pouch” design because it is typical for companies in the beverage industry “to use the same or similar serving format” as their competitors. The plaintiffs’ trade dress infringement claim was brought pursuant to the Lanham Act. For the Plaintiffs to obtain a preliminary injunction on a Lanham Act claim, what factors should the court have considered? Do you think the court ruled in favor of the plaintiffs? Why? [Am, Bev. Corp. v. Diageo N. Am., Inc., 936 F. Supp. 2d 555 ( W.D Pa. 2013).]

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