Joining AATAC means that our retailers will meet quality companies with products and services that will help you prosper.

Pom vs. Pur

LOS ANGELES — Pomegranate juice maker Pom Wonderful LLC cannot stop a smaller rival from selling a pomegranate-flavored energy drink with a similar name, a federal court has ruled, according to a Reuters report.

It was the second time Pom Wonderful has failed to obtain an injunction against the energy drink labeled “pom,” made by Pur Beverages LLC, in an ongoing trademark dispute.

U.S. District Judge Margaret Morrow in Los Angeles said in her ruling that Pom did not deserve an injunction because it could not show it would be harmed without one.

Pur Beverages founder Robert Hubbard told Reuters that Pom “poked the wrong company when they filed this frivolous suit against my company.”

A spokesperson for Loa Angeles-based Pom declined to comment to the news agency.

Pom sued Hubbard in 2013 for trademark infringement, saying consumers would be deceived into thinking Hubbard’s energy drink is associated with Pom Wonderful.

Morrow first denied Pom’s request for an injunction in January 2014, ruling that Pom was unlikely to show shoppers would be confused by the rival product, and therefore unlikely to succeed in the case.

But in December, the 9th U.S. Circuit Court of Appeals in Pasadena, Calif., overturned that ruling, noting the products have similar names and are marketed to a similar set of consumers.

On remand, Morrow said that in order for her to impose a sales ban, Pom must also present evidence that it would be “irreparably harmed” if an injunction were not put in place.

Pom said that its reputation as a health-conscious brand would suffer if it were associated with Hubbard’s beverage, but Morrow called those arguments “speculative” and not supported by evidence, said the report.

Los Angeles-based Pom (the company is now called The Wonderful Co.) began using the “POM” trademark for beverages in 2002, and has sold more than 190 million bottles of pomegranate juice.

Pur is based in Bloomington, Minn. It makes acai berry, pomegranate and raspberry low-calorie healthy and energy drinks.

The case is Pom Wonderful LLC v. Hubbard et al, U.S. District Court for the Central District of California, No. 13-cv-6917.

jota

About jota

Vendor Application

 

Toll Free: 888-662-7780

Here at AATAC we are always looking for companies that may enhance our member’s businesses and better the industry as a whole. If you are interested in becoming a preferred vendor within our network please fill out this information form.

Send info and materials to our receivables office:

503 E. Jackson St. STE# 141
Tampa, FL. 33602

×

Answer

Answer the Question of the Day by filling in the information below and send it to us for your chance to win the prizes and exclusive discounts offered only to our members!

×

QOD

Located on the front page of our national website is a field called “Question Of The Day” (QOD). Each day we post a different question about the products and services that are presented through our website. The answer to this question can be found on one of our partner’s web pages. Our members will navigate through the preferred vendors page to find the answer to your question while subconsciously educating themselves about your company! AATAC effectively selects members who answer the question correctly to win rewards which include; rebates, complimentary services, cash, promotional offers from vendors, prizes, giveaways, etc. *Your QOD should be 1-2 sentences in length and can not name a specific product or company within the question. 

Here are some examples:

Which preferred vendor offers your customers a 99% accurate drug test that reads results in five minutes?  

One of our partner’s provides important compliance training classes in a virtual setting for a low cost. Who is it?

×

Your Vendor Category

When your logo and redirect are added to our preferred vendors catalog it offers two very important elements to members:

  1. It tells them that your company has been vetted and approved for business within our network. 
  2. It encourages them to visit your website where they can learn more about your company. 

*IMPORTANT:

 

 

×