Pom Wonderful LLC v. COCA COLA CO.

ORDER GRANTING IN PART, DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56; DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY ADJUDICATION RE: DEFENDANT’S AFFIRMATIVE DEFENSES OF SAFE HARBOR AND COMPLIANCE WITH LAWS [Docket Nos. 149,150]

This matter is before the Court on Defendant The Coca Cola Company’s (“Coca Cola” or “Defendant”) Motion for Summary Judgment Pursuant to Fed.R.Civ.P. 56, filed December 28, 2009, and Plaintiff Pom Wonderful LLC’s (“Pom” or “Plaintiff’) Motion for Partial Summary Adjudication Re: Defendant’s Affirmative Defenses of Safe Harbor and Compliance with Laws, also filed December 28, 2009. The parties filed Oppositions and Replies to the respective Motions. The Court found this matter suitable for disposition without oral argument and vacated the hearings set for January 25, 2010. See Fed.R.Civ.P. 78(b). For the following reasons, Coca Cola’s Motion is GRANTED IN PART and DENIED IN PART, and Pom’s Motion is DENIED.

I. BACKGROUND

Pom produces, markets, and sells POM WONDERFUL® brand bottled pomegranate juice and various pomegranate juice blends, including a pomegranate blueberry juice blend. (First Am. Compl. (“FAC”) ¶…