Represented Clif Bar in a trade dress case brought by Kind. Kind filed suit and moved for an expedited preliminary injunction to prevent client Clif Bar from launching its new premium CLIF MOJO healthy snack bars in see-through packaging that allegedly infringed Kind’s trade dress. Less than a week after the five-day hearing concluded, Judge Kimba Wood issued a 25-page written opinion denying Kind’s motion in full. The judge found that Kind’s alleged trade dress was not distinctive (and thus not protectable), that there was no likelihood of consumer confusion between the parties’ packaging, and that Kind had not demonstrated irreparable injury or a balance of hardships tipping in its favor. Kind has taken an appeal to the Second Circuit.

Kind, LLC v. Clif Bar & Co., 2014 WL 2619817 (S.D.N.Y. June 12, 2014)

Experience Center

Match our Experience to Your Needs

Experience Highlights

Sales commission litigation for beverage container supplier
Represented a leading supplier of fridge packs and other beverage containers in litigation brought by a former sales representative claiming an more
Discrimination and Wage-Hour litigation for major bottled water company
Represented a major North American beverage company in a putative class action brought by seven route salespeople seeking to represent a class more
OSHA litigation for a fully integrated environmental services organization
Represented a fully integrated environmental services organization in investigations by the Chemical Safety Board, OSHA, the North Carolina State more
Ware v. Office Depot Inc.
The firm served as lead counsel on behalf of Office Depot in defense of patent infringement allegations related to networked point of sale more