A federal judge in southern Texas on Saturday again blocked PepsiCo’s launch of Gatorade’s new Gatorlyte line, six days after the 5th U.S. Circuit Court of Appeals said she should have held a hearing before issuing the temporary restraining order.
Laboratorios Pisa and CAB Enterprises – the Mexican maker and U.S. distributor of Electrolit, represented by Alston & Bird – filed suit on Feb. 18 to enjoin the Feb. 21 launch of Gatorlyte by PepsiCo and its Stokely-Van Camp subsidiary. Their complaint for trade-dress infringement alleged that PepsiCo copied the size, shape and labeling of Electrolit’s bottles in order to confuse potential purchasers of electrolyte drinks.
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