Serving Lawsuits With Your Morning Orange Juice

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Do these containers seem similar to you? Confusingly similar?

That is what Coca-Cola, owner of Simply Orange, is claiming. In a recently filed trade dress and patent infringement suit Coca-Cola claims that its Simply Orange container is nonfunctional, contains a patented closure lid, and the new Trop50 packaging is likely to deceive and confuse customers. PepsiCo has asserted that Coca-Cola has no protectable trade dress. So what do you think?

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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