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United States Ninth Circuit


Hansen Beverage Co. v. Nat'l Beverage Corp., 06-56390

Grant of a preliminary injunction prohibiting defendant from infringing upon the trade dress of Hansen Beverage Company's line of "Monster" energy drinks with defendant's line of "Freek" energy drinks is reversed where the district court abused its discretion in determining that plaintiff was likely to succeed on the merits, as a finding of a likelihood of confusion was clearly erroneous.

Appellate Information

  • Argued 02/12/2007
  • Decided 06/29/2007
  • Published 06/29/2007

Judges

  • CANBY, Circuit Judge:, Before:  WILLIAM C. CANBY, JR. and SIDNEY R. THOMAS, Circuit Judges, and SUZANNE B. CONLON, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Stephen P. Swinton, Kristine L. Wilkes, Latham & Watkins LLP, San Diego, CA;  Elliot H. Scherker, Greenberg Traurig PA, Miami, FL, for the defendants-appellants., John B. Sganga, Jr., Knobbe, Martens, Olson & Bear, LLP, Irvine, CA, for the plaintiff-appellee.
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