Coca-Cola, PepsiCo settle fruit juice package suit
Coca-Cola Co and PepsiCo Inc have settled a trademark lawsuit over the latter's packaging for its Trop50 line of fruit juices.
US District Judge Sim Lake dismissed Coca-Cola's lawsuit in an order issued Thursday, after both companies in court papers said "all matters in dispute in this case have been fully and finally resolved."
In an Oct. 28, 2010, complaint, Coca-Cola had accused PepsiCo of copying the packaging for Trop50 from its Simply line of fruit juices, which are sold in carafe-style bottles that have tapered necks and oversized green caps.
Coca-Cola said the similarities would likely confuse consumers, especially because the competing products are often sold near each other on store shelves.
Terms of the settlement were not disclosed. A trial had been set for June 13. Coca-Cola has said it introduced the Simply line in 2001, and that annual sales top $1 billion.
Coca-Cola is based in Atlanta and PepsiCo in Purchase, New York. The lawsuit was filed in Houston because the Simply line of juices was managed by Coca-Cola's Minute Maid unit, which has offices in the Houston suburb of Sugar Land.
The case is Coca-Cola Co et al v. PepsiCo Inc et al, US District Court, Southern District of Texas, No. 10-04184.
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