Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

The Wonderful Company Ltd. v. Nut Cravings Inc.

Trade Dress Infringement Suit Dismissed; Trade Dress Not Distinctive or 'Not Functional'

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM OPINION AND ORDER GRANTING MOTION T O DISMISS Plaintiffs The Wonderful Company LLC (“TWC”) and Cal Pure Produce Inc. (“CPP”) assert claims under the Lanham Act for trade dress infringement and dilution, as well as state law claims for unfair competition and deceptive acts and practices. Defendant Nut Cravings Inc. moves to dismiss these claims pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, the motion to dismiss is GRANTED. BACKGROUND1 This case is about the packaging of pistachio nuts. TWC owns the WONDERFUL brand of pistachio and other nuts. Complaint 1 [ECF No. 6] (“Compl.”). CPP markets and sells WONDERFUL brand pistachios and is a licensee of TWC. Id. 2. TWC has invested hundreds of millions of dollars in the WONDERFUL brand, which has been extensively marketed in the United States. Id.

13, 16, 23. This marketing effort has included a number of highly publicized television commercials featuring well-known celebrities. Id. 17. TWC has advertised its products online, on social media, in print media, and on billboards. Id. 18. As a result of these efforts, the WONDERFUL brand has become one of the bestselling nut products in the United States. Id. 24. The Complaint alleges that the WONDERFUL trade dress is “inherently distinctive” because of three elements: (1) predominantly black packaging; (2) use of a bright green accent color on the packaging; and (3) the predominantly rectangular shape of the package. Id. 14. Plaintiffs asserts that this trade dress has “acquired considerable value” and “become famous to the consuming public.” Id. 20. On May 5, 2021, Plaintiffs filed this Complaint, arguing that Defendant sells nut products that infringe on the WONDERFUL trade dress by copying its three “inherently distinctive” elements. Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
General Counsel

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›
Insurance Coverage Associate

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›
Litigation Attorney -- New York

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements