According to Nestlé USA, which claims that Pervine’s “remarkably similar packaging in combination with the confusingly similar trademark” is causing the world’s biggest food company “irreparable harm”, the likelihood that consumers will confuse the two products is heightened by the fact that the products are being sold to “the same consumers, in the same stores”.
This, argued Nestlé USA, “will inevitably cause consumer confusion as to the source of the Pervine products or as to a perceived affiliation, association or sponsorship between Nestlé and Pervine that does not exist”.
Nestlé USA, which accuses Pervine of trademark and trade dress infringement, false designation of origin and unfair competition, and is demanding unspecified “punitive damages”, added:
“In fact, Pervine appears to have outright copied every key element of Nestlé’s CRUNCH Trade Dress.”
Pervine Foods – which supplies FIT CRUNCH products in more than 50,000 USA locations and over 52 countries - did not respond to requests for comment.
*The case is Nestlé USA Inc. v Pervine Foods, LLC. Case no. 2:15-cv-06527, central district of California.