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.
Brokerage Compliance Symposium
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
F3 Awards Dinner
The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
F3: Future of Freight Festival
Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now