Potential drink pouch copycat prompts dilution claims from Capri Sun

A drink that will remind many of us of their childhood, a staple for any child when they are looking to quench their thirst.

The Capri Sun has always been sold in its distinctive pouch packaging, which has both its benefits and potential problems.

This is part of their brand, which in the current case they are pushing to protect. It is also protected by a US trade mark.

Capri Sun has accused American Beverage Corporation of breach of contract, trade mark infringement and trade mark dilution.

The two companies entered into a licensing agreement in 2016 allowing ABC to use the pouch trade mark.

However, Capri Sun claim that this agreement expired in July 2018 and ABC have continued to sell beverages in such pouch packaging. They claim therefore they have knowingly infringed the registered trade mark, despite many notices.

This use, according to Capri Sun, is likely to deceive the public into believing the two companies are linked or that the products come from Capri Sun. They claim this can cause dilution of their brand if the goods are of an inferior quality.

With many 3D trade marks coming under scrutiny, it will be interesting to see how this one fairs.

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