Deutsche SiSi-Werke Betriebs GmbH ("SiSi") located in Eppelheim, Germany, the owner of the iconic pouch shape design trademark known worldwide as the Capri-Sun flavored juice drink pouch, has filed suit in the United States District Court for the District of Minnesota against Faribault Foods, Inc. ("Faribault"), located in Minneapolis, Minnesota. The Complaint alleges that Faribault has manufactured, offered for sale, sold and/or distributed flavored beverage pouches in similar pouches which infringe and dilute SiSi's famous and distinctive pouch design trademark.
The Complaint alleges that Faribault produces packaging and product design for several brands including Wal-Mart's Great Value line of flavored juice drinks, and further alleges that the pouch design of each of these products mimics the design of Plaintiff's registered trademark. The Complaint states that Faribault adopted SiSi's iconic pouch design with the intention to confuse or to deceive the consuming public as to the source of the juice drink and/or with the intention that the consuming public mistakes that the Faribault's pouch juice drinks originate with the same source as Capri-Sun's juice drinks.
Carsten Kaisig, CEO of the Arios Group of Companies and Managing Director of SiSi, stated that SiSi filed an action against Faribault because "...the iconic pouch design is a strong indicator of the source of Capri-Sun juice drinks in the eyes of the consumers in the United States and throughout the world and it would be a disservice to consumers to allow Faribault to continue deceiving and confusing customers into believing that the Faribault beverage products are affiliated with or endorsed by the same source as Capri Sun juice drinks."
SiSi is represented by Steven B. Pokotilow, Laura Goldbard George and Binni N. Shah of Stroock and Stroock and Lavan, LLP in New York City, NY and by Peter Lancaster of Dorsey & Whitney, LLP in Minneapolis, Minnesota.