For years, Rudolf Wild & Co. proclaimed to the world that it should “respect the pouch.” Wild, a multinational corporation headquartered in Germany, is better known as the owner of the Capri Sun brand. Through its subsidiary Deutsche SiSi-Werke Betriebs GmbH, Wild recently sued Faribault Foods, Inc. of Minneapolis, Minnesota, because Faribault did not respect the pouch.
Capri Sun developed the flavored juice drink pouch and has trademarked the iconic pouch shape design. Wild claims that Faribault infringed upon its trademark when it sold or distributed flavored beverage pouches that had a similar design. These alleged knockoffs include those sold in Wal-Mart’s Great Value line, as well as others. Capri Sun maintains that its design is intrinsically associated with the Capri Sun brand and that consumers are being deceived by Faribault’s action.
Often, trademarks are associated with brand names. But it is important to remember that intellectual property goes far beyond brand names. Companies are encouraged to be very careful that they don’t misappropriate someone else’s intellectual property.