NEW YORK, Feb. 15, 2019 /PRNewswire/ -- Capri Sun GmbH ("Capri Sun"), the owner of the beverage CAPRI SUN® that is sold in an iconic pouch shape design that for the past half century has been sold in more than 110 countries around the world, has filed suit in a United States federal court against American Beverage Company ("ABC"), a beverage company located in Verona, Pennsylvania, for breach of a certain license agreement and related trademark claims.
The Complaint alleges that ABC knowingly continued use of the iconic CAPRI SUN® pouch trademark for fruit-juice drinks without a license after intentionally terminating the parties' license agreement. The Complaint further alleges that the confusingly similar nature of ABC's pouch is likely to confuse or deceive the consuming public into believing that fruit-juice drinks offered under ABC's pouch originate with the same source as fruit-juice drinks offered under Capri Sun's iconic CAPRI SUN® Pouch Trademark.
Kathrin Stapper, Chief Legal Counsel of Capri Sun, stated that Capri Sun filed an action against ABC because "… consumers throughout the world associate the iconic CAPRI SUN® pouch trademark uniquely with Capri Sun, and we do not want our loyal customers to be confused or deceived about the source or quality of products that ABC is offering under its imitation, knock-off pouch."
Capri Sun is represented by A. John P. Mancini, Allison Stillman, and Jonathan W. Thomas of Mayer Brown LLP in New York, NY.
