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vitaminwater wins round 1 against rival shampoo

Eileen McDermott, New York

Well-known US energy drink brand vitaminwater has secured a temporary restraining order against Vogue International’s new line of hair care products, vitaminshampoo

Glaceau , the company that markets vitaminwater, filed a complaint in the US District Court for the Southern District of New York on Monday, September 15, and was granted the TRO on Tuesday.

Glaceau's complaint accused Vogue of trade dress infringement, false designation of origin, trade dress dilution, deceptive acts and practices and unfair competition for planning to launch a line of products that Glaceau said was confusingly similar to the vitaminwater drinks.

Although vitaminshampoo's trade dress is undeniably similar to vitaminwater's, Vogue said that there can be no likelihood of confusion, since shampoo and energy drinks are different classes of goods.

"My client sells shampoo, not a soft drink,"...

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