Pom Wonderful LLC v. Welch Foods, Inc.

Proceedings: IN CHAMBERS (No Proceedings Held)

This matter is before the Court on Welch’s Motion for Summary Judgment on its defense of unclean hands. For the reasons explained below, the Court DENIES the Motion.

I. FACTS

The Court recited the pertinent facts of this case and Pom’s allegations in its July 9, 2010 Order denying Welch’s motion for summary judgment on Pom’s sole remaining claim under the Lanham Act. The Court will recite only an abbreviated version of the facts here.

Plaintiff Pom Wonderful LLC (“Pom”) produces, markets and sells the “Pom Wonderful” brand bottled pomegranate juice and various pomegranate juice blends. Defendant Welch Foods, Inc. (“Welch”) markets and sells various bottled juices under the “Welch” brand. In 2006, Welch developed a juice blend it named ‘Welch’s 100% White Grape Pomegranate” (hereinafter, “WGP”). The ingredient declaration on the WGP package label identifies the juices used in WGP, which are white grape, apple, and pomegranate juices (from concentrate), but does not does not disclose the percentage of any of these juices. Id.

On January 23, 2009, Pom filed a Complaint against Welch alleging claims for (1) false advertising under…