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Yoberry Cries Uncle, Agrees to Pinkberry's Permanent Injunction

Today, Western District Judge James Robart entered a Consent Judgment and Permanent Injunction in Pinkberry, Inc. v. Yoberry, Inc.

As STL readers may recall, the burgeoning Los Angeles-based frozen yogurt seller Pinkberry sued the Seattle-based frozen yogurt seller Yoberry for trademark infringement, alleging a likelihood of consumer confusion between the parties’ word marks and swirl designs.

The agreed order enjoins Yoberry from using its YOBERRY word mark, any other mark that uses the word “BERRY” in a non-descriptive manner, and any logo that consists of a swirl design.

Yoberry also agreed to destroy within 30 days all goods, apparel, merchandise, labels, signs, and packaging that display the subject marks.

I gotta wonder if the apparently-unrelated Yoberry of San Jose or Yo! Berry of Boston will suffer the same fate. Or Seattle’s Mooberry, as I’ve previously speculated.

N.B. I stopped by the shop (which was closed) on my way home from work. Yoberry appears to have taken down all signs of YOBERRY and now operates under the shortened name YO. Query whether this will satisfy Pinkberry, as the store appears to continue to display the swirl design mark to which Pinkberry objected.

The case cite is Pinkberry, Inc. v. Yoberry, Inc., No. 08-1360 (W.D. Wash. Dec. 1, 2008) (Robart, J.).

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Reader Comments (2)

And let's not forget Capitol Hill yogurt-slinger CrazyBerry, which abruptly changed its name to CrazyCherry soon after opening, yet still uses the domain name www.crazy-berry.com.
December 3, 2008 | Unregistered CommenterSean McChesney
Upon closer inspection, you will see that the "O" in YO is made up of concentric circles; it is not a swirl. I believe you can also see it in the photos you used in your original blog entry.
June 18, 2009 | Unregistered CommenterKevin C.

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