April 29, 2011
Polar Wins Pepsi Injunction
The U.S. District Court of Massachusetts has issued an injunction against PepsiCo Inc., stopping the company from selling products under the label Polar Shock while a trademark infringement lawsuit by Worcester's Polar Beverages moves forward.
Pepsi began selling the slushy-style Polar Shock products last year, prompting the suit by Polar, which argued that the branding was confusingly similar to its own labeling.
Under the injunction, Pepsi and its subsidiary, Concentrate Manufacturing Co. of Ireland, must stop using the Polar Shock name in packaging or advertisements in New England and New York within 21 days and keep them off the market until the case is concluded.
Polar recently expanded its operations by buying a Georgia bottling plant.
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