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Doug Masters, managing partner of Loeb & Loeb’s Chicago office; Libby O’Neill, deputy chair of the firm’s Advertising, Marketing & Promotions practice; and Litigation senior counsel Sarah Levitan Perry are mentioned in a Law360 article for representing Naked Juice in Naked Juice Co. of Glendora Inc. v. Naked Whey Inc. d/b/a Naked Nutrition, a trademark dispute concerning the use of the “Naked” brand on beverage products. Doug, Libby and Sarah recently secured a favorable ruling on behalf of firm client Naked Juice from the U.S. District Court for the Northern District of Illinois, which denied the defendant’s motion to dismiss and allowing its claims to proceed.
The article highlights the court’s conclusion that Naked Juice sufficiently alleged consumers could believe the parties’ beverages share a common source, citing similarities in the use of the “Naked” mark, product positioning and marketing, as well as the products’ appearance alongside one another in online marketplace search results. The court also rejected Naked Whey’s contention that the claims were merely conclusory.
The article also underscores the court’s view that likelihood-of-confusion disputes are inherently fact-intensive and generally not suited for resolution before discovery. The court further allowed Naked Juice’s trademark dilution claims to proceed, determining that the company had plausibly alleged the fame and commercial strength of its longstanding “Naked” mark.
For more information, please see Law360’s website (subscription may be required).
The article highlights the court’s conclusion that Naked Juice sufficiently alleged consumers could believe the parties’ beverages share a common source, citing similarities in the use of the “Naked” mark, product positioning and marketing, as well as the products’ appearance alongside one another in online marketplace search results. The court also rejected Naked Whey’s contention that the claims were merely conclusory.
The article also underscores the court’s view that likelihood-of-confusion disputes are inherently fact-intensive and generally not suited for resolution before discovery. The court further allowed Naked Juice’s trademark dilution claims to proceed, determining that the company had plausibly alleged the fame and commercial strength of its longstanding “Naked” mark.
For more information, please see Law360’s website (subscription may be required).
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Deputy Chair, Advertising, Marketing & Promotions -
Senior Counsel