Court denies plaintiff's motion for preliminary injunction on trademark and false advertising claims
Keurig, Incorporated v. Strum Foods, Inc., Civ. No. 10-841-SLR, March 10, 2011.
Robinson, J. Plaintiff's motion for a preliminary injunction is denied. Defendant's motion to dismiss for failure to state a claim is denied.
The Court considers plaintiff’s motion for a preliminary injunction based on trademark and false advertising claims, and defendant's partial motion to dismiss for failure to state a claim. Plaintiff manufactures a popular line of single-serve coffee machines under the "Keurig" brand name, along with the corresponding coffee filled cartridges for use in said machines. Defendant manufactures and sells coffee filled cartridges for use in plaintiff's machines under the "Grove Square" brand name. Defendant's product's package contains small text on the bottom left hand corner of the front of the package that reads "For use by owners of Keurig® coffee makers." Also, on the bottom of the package, a disclaimer to the left of the directions reads “Sturm Foods, Inc. has no affiliation with Keurig, Incorporated." Defendant used the smallest amount of the mark possible. It printed the mark in plain text without the accompanying color pattern, font, or stylized background indicative of plaintiff's normal use of the mark. This minimalist use, coupled with a disclaimer on the bottom, strongly favors defendant's use of the mark. Because plaintiff has failed to show a likelihood of success on the merits on the remainder of its trademark and false advertising claims, plaintiff's motion for a preliminary injunction is denied. Defendant’s motion to dismiss is denied without discussion.
