Los Angeles, CA— POM Wonderful filed a complaint in the U.S. District Court in the Central District of California alleging that Trenton, NJ-based Bai Brands had infringed on its “Super Tea” trademark, causing a likelihood of confusion.
Both POM and Bai super tea products are antioxidant-rich real brewed teas with juice concentrate. POM has been using the “SUPER TEA” trademark since 2009, one year after the company acquired rights under the classification of Goods and Services defined as “sports drinks containing caffeine.” Several years later, Bai registered the marks “Bai5 Antioxidant Supertea” on May 4, 2015 and “Bai Antioxidant Supertea” on October 26, 2015 for tea-based beverages, with fruit flavoring and antioxidants.
Hoping to further secure rights to the super tea trademark, POM filed a new trademark application on May 4, 2016 with the U.S. Patent and Trademark Office. It secured rights to the “Super Tea” mark for “non-alcoholic beverages with tea flavor; fruit juice concentrate; fruit flavored beverages” and “non-alcoholic beverages containing fruit juices.”
Soon after, on May 16, 2016, POM sent Bai a cease-and-desist letter regarding the use of the term, but Bai did not respond.
According to the lawsuit, POM calls for all infringing products, packaging, advertisement and promotional materials to be recalled, seized, impounded, and destroyed and for compensation for its legal fees.