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
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,"...