Coca-Cola, PepsiCo Settle Trademark Lawsuit Over Fruit-Juice Packaging By Don Jeffrey - May 6, 2011 9:42 AM CT
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Coca-Cola Co. (KO)’s trademark-infringement lawsuit over PepsiCo Inc.’s packaging of a new line of fruit juices was dismissed by a judge after the companies reached a settlement.
U.S. District Judge Sim Lake signed an order dismissing the case after the companies submitted a joint motion seeking to terminate it, according to a filing yesterday in federal court in Houston.
“All matters in dispute in this case have been fully and finally resolved by the parties,” lawyers for both sides said in court papers. Details of their agreement weren’t disclosed.
Coca-Cola, based in Atlanta, sued in October claiming that the new packaging for PepsiCo’s low-calorie Trop50 brand of fruit juices would “likely deceive consumers and dilute the quality” of Coke’s brand of premium juices, called Simply.
A trial had been set for June. Lake told lawyers for Coca- Cola and Purchase, New York-based PepsiCo in December that they should try to settle the dispute out of court to avoid the expense of trial.
The case is Coca-Cola Co. v. PepsiCo Inc., 10-04184, U.S. District Court, Southern District of Texas (Houston.)
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