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CAPRI SUN GMBH v. AMERICAN BEVERAGE CORP.

19 Civ. 1422 (PAE) (DCF).

595 F.Supp.3d 83 (2022)

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

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

Signed March 31, 2022.

Attorney(s) appearing for the Case

Jamie Nicole Leipzig, Jonathan Webster Thomas, Margaret Lee Wheeler-Frothingham, 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, L.L.P., Boston, MA, for Defendant.

OPINION & ORDER

This case involves a trademark dispute over the shape of foil pouches that hold fruit juice. Plaintiff Capri Sun GmbH ("Capri Sun") has a trademarked pouch (the "Pouch Trademark" or "Pouch Mark"). It principally alleges that defendant American Beverage Corporation ("ABC"), after terminating...

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