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Rivals in pomegranate juice market go to trial
Opening statements began in a trial pitting California upstart Pom Wonderful LLC against juice-making giant Welch Foods Inc. over the marketing of their pomegranate juice products.
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POM sues FTC over advertising rules
Juice maker POM Wonderful has filed suit against the Federal Trade Commission in federal district court in Washington, claiming the agency has created a new standard for the evaluation of deceptive advertising that tramples the company's free speech rights.
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Jury: Welch's misled consumers, but didn't harm Pom Wonderful
A federal jury has found that Pom Wonderful LLC did not lose sales of its 100% pomegranate juice even though Welch Foods Inc. deceived consumers when marketing its rival pomegranate juice product.
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Pomegranate juice trademark litigation awaits ruling by 9th Circuit
A federal judge said that she will consider staying a trademark lawsuit brought against Tropicana Products Inc. by Pom Wonderful LLC pending an appeals court ruling in a related case involving deceptive and misleading advertising claims about pomegranate juice.
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Lawyer for juice maker ordered to explain gaffe over FTC probe
Barry Coburn and POM Wonderful have some explaining to do. The Coburn & Coffman name partner has been ordered to appear before a District of Columbia Superior Court judge on Oct. 22 to argue why he and his client shouldn't be sanctioned for making false representations to the court.
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Government claims won't enter into Pom Wonderful trial
Pom Wonderful LLC, the self-proclaimed maker of 100% pomegranate juice, goes to trial against Tropicana Products Inc. over its advertising of a rival pomegranate juice blend.
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POM: lawyers unaware fed probe was public
Papers filed in the just settled fee fight between POM Wonderful and Hogan Lovells show that the juice maker's legal team struggled to keep its facts straight throughout the seven-month-long litigation.
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Tropicana goes on the offense against Pom Wonderful's Lanham Act claims
Tropicana Products Inc. mounted an aggressive defense against Lanham Act claims by Pom Wonderful LLC over the companies' competing pomegranate juice drinks.
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Trademark verdict marks yet another loss for Pom Wonderful
Pom Wonderful LLC was dealt another punch in its trademark infringement battles against its competitors when a federal judge issued final judgment for Tropicana Products Inc. following a jury verdict last month.
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Pom Wonderful fights Coke, while the FDA fights Pom
The labeling and name of The Coca-Cola Co.'s Pomegranate Blueberry Flavored Blend juice, while permitted under federal regulations, misleads consumers into believing that the product contains substantial portions of pomegranate and blueberry juice, Seth Waxman, an attorney for Pom Wonderful LLC, argued in an appellate filing on Monday. Read the story. -
Pom argues on appeal that Welch's jury never heard about lost sales
Pom Wonderful LLC has asked a federal appeals court to reverse a jury verdict that effectively favored a business rival, citing what it said were inappropriate jury instructions. Read the article. -
Pom Wonderful close to trademark settlement with competitor
On Aug. 9, the manufacturer of 100% pomegranate juice filed a stipulation for settlement with Meyer Family Farms LLC, which makes and sells packages of pomegranate arils under the brand name PerfectPOMs. Read the story. -
Pom Wonderful protests Ocean Spray's bid to delay infringement trial
Pom Wonderful LLC has accused one of its competitors of moving to delay a Nov. 15 trial in a trademark infringement case to take advantage of the findings of a Federal Trade Commission's investigation into Pom's advertising practices. Read the story. -
1st Circuit arguments focus on coverage for suits over pomegranate claims
The Oct. 5 hearing in <i>Welch Foods Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa.</i> concerned whether a directors and officers liability insurance policy should cover Welch's costs to fight two deceptive advertising lawsuits, one brought by competitor POM Wonderful LLC and the other a copycat suit brought by a consumer. Read the story. -
Ocean Spray attempts to put POM Wonderful on trial
Ocean Spray Cranberries Inc. moved on Oct. 6 to throw out a trademark infringement suit brought by Pom Wonderful LLC, arguing that its competitor built a market for pomegranate juice based on the false and illegal claim that its product cures or prevents diseases. Read the story. -
Pom could face trial on its pomegranate juice health claims by Nov. 15
Pom Wonderful LLC has asked a federal judge to put medical claims about its 100% pomegranate juice on trial as early as Nov. 15, to clear the way for a related trademark infringement battle against rival Ocean Spray Cranberries Inc. Read the story. -
Pom adds depth to its legal team in trial over health claims
Pom Wonderful LLC has brought in star litigator Bertram Fields as lead trial counsel in its court battle against Ocean Spray Cranberries Inc. In hiring Fields, who is representing the juice maker in a case before the U.S. Federal Trade Commission, Pom's legal team appeared to be preparing for an onslaught against its medical claims. Read the story. -
Fields insists: Client Pom's product is not 'snake oil'
Pom Wonderful LLC's 100% pomegranate juice is not "snake oil," but rather provides numerous health benefits widely supported by medical research, prominent litigator Bertram Fields argued in defending the company's health claims before a jury for the first time. Read the story. -
Pom Wonderful loses jury verdict on trademark violations claim — again
A federal jury on Dec. 6 rejected Pom Wonderful LLC's claims that Ocean Spray Cranberries Inc. misled consumers by selling a product that contained trace amounts of pomegranate juice. Read the story. -
Pom fights to reinstate trademark claims against Coca-Cola
In what one appellate judge called a "very challenging case," an attorney for Pom Wonderful LLC defended its right to bring trademark claims against a competing juice maker, even if its rival had complied with federal product-labeling regulations. Read the story.
