America’s iconic shiny metallic juice pouch is strongly associated with Capri Sun to us all. Capri Sun hold the right to use this famous pouch internationally. Since 2019, they have been in yet another trademark litigation that is now heading to trial.
Harvest Hill Beverage Company, who makes Juicy Juice, SUNNYD, and other beverages, had a license from Capri Sun to use the Capri Sun pouch design. In this lawsuit, Capri Sun is alleging that in 2018, Harvest Hill Beverage Company terminated the licensing agreement, but still continued to make “confusingly” similar pouches for sale to the public.
Harvest Hill Beverage Company’s argument is that the pouches are very different to amount to trademark infringement. The presiding U.S. District Judge could not rule on the parties’ motions and claims prior to trial without a jury because neither party has a strong case. The parties are now going to trial in front of a jury so that the jury may determine whether the pouches are similar enough to say Harvest Hill Beverage Company is infringing on Capri Sun’s trademark.
This iconic juice pouch in question is not the first time that it’s been in court. In 2015, the owner of the pouch shape trademark of Capri Sun sued Faribault Foods for providing packaging for flavored juice drinks in similar pouches to stores like Wal-Mart Great Value. Prior to that, in 2014, Capri Sun alleged infringement against two beverage companies.