Federal Appeals Court finds rare abuse of discretion in denial of POM trademark injunction.


Summary re Trademark / Preliminary Injunction

The Ninth Circuit panel reversed the district court’s order denying a motion for a preliminary injunction in a trademark infringement action under the Lanham Act.

The panel held that the district court abused its discretion in finding that Pom Wonderful, owner of the “POM” standard character mark, was unlikely to demonstrate a likelihood of consumer confusion and therefore was unlikely to succeed on the merits of its claim regarding defendants’ use of the word “p4m” on their pomegranate-flavored drink.

The panel remanded with instructions that the district court consider whether, in light of the panel’s decision, Pom Wonderful met its burden of proving the other elements for a preliminary injunction.

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