Fiji Water Co., LLC v. Fiji Mineral Water USA, LLC

ORDER GRANTING PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION

This trade dress dispute involves the packaging and design elements of bot- tied “artesian water” from the Republic of Fiji. Plaintiffs Fiji Water Company LLC, Paramount International Export Ltd., and Natural Waters of Viti Limited (collectively “FIJI”) produce and market bottled still “natural artesian water” from the Republic of Fiji, which they have distributed in the United States since 1997 under the registered trademark “FIJI.” Defendants Fiji Mineral Water USA, LLC, FMW USA Licensing, LLC, Mineral Waters of Fiji, Pure Mineral Waters of Fiji, LLC, Fiji Imports, LLC, Straub Distributing Company, LLC, Straub Distributing Company, Ltd., Coast Beverage Group, LLC, Global H20 Distributors, Inc. (collectively “VITI”) also produce bottled “natural artesian mineral water” from the mountains of Fiji, and began distributing their water in the United States under the label “VITI” in April 2009. On October 6, 2009, FIJI filed suit against VITI for federal law claims of trademark infringement, trade dress infringement, trademark dilution, and California statutory and common law claims for unfair competition. FIJI now brings…