Court reverses ruling in Hansen ?Freek? case

Court reverses ruling in Hansen ôFreekö case A Florida beverage maker can continue to ship a line of its 'power' drinks after a federal court of appeals Friday overturned a lower court injunction halting the distribution of drinks that Corona-based Hansen Natural Corp. contends are sold in containers that too closely resemble its own Monster energy drinks.
   Ft. Lauderdale-based National Beverage Corp., well known for its Shasta line of colas, began marketing the Freek energy drinks in the Detroit area in August 2006. Soon after, Hansen sued, alleging that the Freek packaging infringes on Hansen's Monster drinks 'trade-dress' by featuring an evil-eyed creature against a dark background.
   Hansen sought injunctive relief from a district court to stop National from distributing the Freek line while the infringement lawsuit was in the courts. The court found that Hansen proved they would likely prevail in the infringement lawsuit and ruled against Natural Beverage, issuing a preliminary injunction. Friday's appellate court ruling overturned the lower court decision and lifted the injunction saying that Hansen in fact failed to demonstrate in the lower court case that it would win the infringement lawsuit.