The Capri Sun drink pouch is the subject of a new lawsuit

By Charmaine Little | Feb 25, 2019

NEW YORK (Legal Newsline) – The maker of Capri Sun drinks has filed a lawsuit against a Pennsylvania company over allegations it continued to use a trademark-protected drink pouch after an agreement expired.

Capri Sun GmbH filed a suit against American Beverage Corp. (ABC) in the U.S. District Court for the Southern District of New York on Feb. 15.

Capri Sun alleged ABC breached a contract when it used the pouch for fruit-flavored beverages after an agreement between the two parties concluded in 2018.

“Despite the expiration of the license agreement, and despite the fact that plaintiff sent defendant multiple protest letters, demanding that defendant cease offering for sale any licensed products, post termination… defendant continues to offer licensed products for sale and continues to use plaintiff’s iconic Capri Sun pouch trademark,” the suit states.

It sued ABC over allegations of breach of contract, trademark and trade dress infringement, dilution and unfair competition under federal and New York laws.

In the breach of contract claim, Capri Sun alleged ABC continued to manufacture, distribute, advertise, market, promote, use and sell drinks in pouches without permission from Capri Sun.

Capri Sun said that after it was aware of ABC’s alleged infringement, it sent ABC a protest letter in October 2018 that detailed how it was allegedly breaching the agreement. ABC’s counsel denied any infringement and the two parties went back-and-forth, leading to this lawsuit, the suit says.

Capri Sun asked the court to order ABC to issue a declaration that it infringed on its trademark. It also wanted the court to permanently enjoin and restrain ABC from using the packaging in question and requested ABC be required to remove the pouch from all of its advertising, promotional materials and other formats. It also requested punitive damages, treble damages and treble profits, and pre- and post-judgment interest as well as any other related costs.

Capri Sun is represented by Mayer Brown in New York City.

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Mayer Brown U.S. District Court, Southern District of New York

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