The Ninth Circuit dissolved a preliminary injunction yesterday because the district court clearly erred in finding the "likelihood of confusion" element of a trade dress claim.  The plaintiff sought the injunction to prevent sales of "Freek" energy drinks, which it alleged infringed its trade dress for cans of "Monster" energy drinks.  The court held that an appreciable number of consumers would not likely confuse "Freek" cans with "Monster" cans despite the depiction of a freaky monster on the "Freek" containers.  Hansen Beverage Co. v. Nat’l Beverage Corp., No. 06-56390 (9th Cir. June 29, 2007).

Barry Barnett

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