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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....

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