Pom Wonderful v. Hubbard, No. 14-55253 (9th Cir. 2014)
Annotate this CasePom Wonderful, owner of the "POM" standard character mark, filed a trademark infringement claim against Pur to stop Pur from using the word "pom" on its pomegranate-flavored energy drink. On appeal, Pom Wonderful challenged the district court's order of its motion for a preliminary injunction. The court reversed, holding that the district court abused its discretion in finding that Pom Wonderful is unlikely to succeed on the merits of its claim. Because the district court's decision to deny Pom Wonderful's motion for a preliminary injunction was tainted by its mistaken likelihood-of-success determination, the court remanded with instructions to the district court to consider whether Pom Wonderful meets its burden of proving the other elements of a preliminary injunction.
Court Description: Trademark / Preliminary Injunction. The panel reversed the district court’s order denying a motion for a preliminary injunction in a trademark infringement action under the Lanham Act. The panel held that the district court abused its discretion in finding that Pom Wonderful, owner of the “POM” standard character mark, was unlikely to demonstrate a likelihood of consumer confusion and therefore was unlikely to succeed on the merits of its claim regarding defendants’ use of the word “p4m” on their pomegranate-flavored drink. The panel remanded with instructions that the district court consider whether, in light of the panel’s decision, Pom Wonderful met its burden of proving the other elements for a preliminary injunction.
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