CSC BRANDS LP v. Herdez Corp.

MEMORANDUM AND ORDER

Plaintiffs CSC Brands LP and Campbell Soup Company (referred to collectively as “Plaintiffs”) bring this action against defendants Herdez Corporation (“Herdez”) and Hormel Foods Corporation (“Hormel”) (referred to collectively as “Defendants”) for trademark infringement, false designation of origin, and trademark dilution under the Trademark Act of 1946, codified and amended at 15 U.S.C. §§ 1051 , et seq., and for trademark infringement and unfair competition under the statutory and common law of California. This matter is before the court on Plaintiffs’ motion for preliminary injunction. Plaintiffs allege that Defendants’ marks illegally infringe upon and dilute Plaintiffs’ own V8 marks. Plaintiffs seek an order from the court preliminarily enjoining Defendants from all further use of the marks Verduras 8, Verduras 8 Pi-cante-Limon and Frutas 8, and the trade dress associated with them, in connection with any food or beverage business in the United States. For the reasons set forth below, Plaintiffs’ motion is granted.

BACKGROUND

The Plaintiffs manufacture and distribute a wide variety of food products, including certain blended vegetable juice beverage…