Seattle Trademark Lawyer

Burglars take note: in the future, those bottles marked “PEPSI” in the fridge of the house you’re robbing probably contain nothing more than a carbonated drink. No secret stash there.

That’s because on July 20, the Northern District of Georgia found that defendant Sahni Enterprises, Inc., and its affiliates, makers of bottle and can safes, infringed and diluted plaintiff PepsiCo, Inc.’s PEPSI, DIET PEPSI, MOUNTAIN DEW, SIERRA MIST and AQUAFINA trademarks. The court made the same finding with respect to defendants’ food canister safes bearing plaintiff’s CHEETOS, DORITOS and FRITOS marks. After the parties stipulated to a preliminary injunction, the court permanently enjoined defendants from manufacturing and selling safes bearing PepsiCo’s marks.

The court explained: “The Infringing Safes marketed by Sahni are manufactured by converting genuine PepsiCo bottles, cans and canisters into separate and different products — concealment devices that contain hidden compartments — that are outwardly identical to PepsiCo’s products. Upon visual inspection, and even when handled, the Infringing Sales are indistinguishable from PepsiCo’s legitimate products.”

The court found: “The modification process for the can safes creates sharp edges where the can safe lid screws into the can body. These sharp edges can cut people who use the products. As part of PepsiCo’s quality control procedures, all cans undergo a thorough rinsing process to guard against contamination and ensure product safety. Sahni’s cans do not go through this quality control process.”

Without much further analysis, the court concluded that Sahni’s safes are likely to confuse consumers about the source or sponsorship of the safes. It also found the safes “dilute and tarnish the PepsiCo Marks because Sahni uses the marks on goods commonly associated with the concealment of illicit narcotics.”

I guess I have no real quarrel with this decision. But I just can’t help thinking the court seriously lacks a sense of humor.

The case cite is PepsiCo, Inc. v. # 1 Wholesale, LLC, 2007 WL 2142294, No. 07-367 (N.D. Ga.).