Pepsico, Inc. v. California Security Cans

Caution

238 F. Supp. 2d 1172·2002 WL 31934119·2002 U.S. Dist. LEXIS 25067

United States District Court, Central District of CaliforniaDecember 27, 2002CIV.02-5321 NM(RZx)California2,987 words

Opinion

Manella, J.

ORDER GRANTING PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT JOHN RANDALL COOK

I. INTRODUCTION

On July 3, 2002, PepsiCo, Inc. (“Pepsi-Co”), Recot, Inc., and Frito-Lay, Inc. (“Plaintiffs”) filed the instant action, alleging that Defendant John Randall Cook (“Defendant”) manufactured, advertised, promoted, and sold products composed of modified PepsiCo products bearing the Pepsi, Diet Pepsi, Mountain Dew, and Aquafína trademarks owned and registered by PepsiCo, Inc. without PepsiCo, Inc.’s consent or authorization. Defendant was served with the Complaint on July 13, 2002. Default was entered by the Court Clerk on November 1, 2002. Currently before the court is Plaintiffs’ Application for Default Judgment against. Defendant.

II. RELEVANT FACTUAL BACKGROUND

PepsiCo is engaged in the manufacture and marking of beverage products throughout the United States and the world. Compl. ¶ 11. For quite some time, PepsiCo has adopted and made continuous use of the Pepsi, Diet Pepsi, and Mountain Dew trademarks on their own, or with designs in connection with the manufacture, sale, and advertising of soft drinks. Compl. ¶ 12. PepsiCo has also adopted and made continuous use of the…

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