CG ROXANE LLC v. Fiji Water Co. LLC

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Defendants Fiji Water Company LLC, Fiji Water Company Holdings LLC and Paramount International Export Ltd. (collectively “defendant”) move for summary judgment on the claims asserted by plaintiff CG Roxane LLC (“plaintiff’) and on their counterclaim for cancellation of the plaintiffs trademark. For the reasons set forth below, the court GRANTS defendant’s motion.

I. BACKGROUND

Plaintiff CG Roxane manufactures, markets and sells Crystal Geyser bottled water. Plaintiff began using the phrase “Bottled at the Source” on its bottles in 1990. Plaintiffs water bottles are cylindrical in shape with mountains behind a blue label and a red ribbon bearing the trademark BOTTLED AT THE SOURCE across the top. In 2002, plaintiff applied with the United States Patent and Trademark Office (“USPTO”) to trademark the phrase but was initially refused registration on the grounds that the phrase “merely described the goods.” Decl. Page Beykpour (“Beykpour Deck”), Ex. G (official USPTO Office Action). Plaintiff submitted a response to the office action citing “substantially exclusive and continuous use,” marketing efforts and sales success as…