Pinkberry v. Yogiberry
- Pinkberry, Inc. v. Yogiberry, Inc., No. 8:2008cv02355 (D. Md. filed Sep. 9, 2008); assigned to J. Titus
California-based Pinkberry, Inc. is a wildly popular upscale frozen yogurt restaurant with stores in New York and California. In its complaint against Olney, MD-based Yogiberry, Inc., Pinkberry characterizes its product line as "frozen yogurt with optional toppings that include fresh fruit, cereals and nuts, as well as smoothies and shaved ice under the distinctive Pinkberry branding in a unique, cafe-style restaurant setting." Comparing its branding success to "the way that Apple Computers revolutionized the computer industry," Pinkberry asserts that it has revolutionized the yogurt business by offering a product selection and consumer experience that are uniquely Pinkberry. It cites Time, Fortune, Los Angeles Times, New York Times, and Reuters, as well as blogs, as evidence of its unique stature in the industry.
Pinkberry contends that Yogiberry's business "deliberately imitates Pinkberry's highly distinctive branding and trade dress." It contends that the use of the YOGIBERRY mark infringes the registered PINKBERRY mark, service marks, and trade name, in a confusingly similar manner to sell goods that unfairly compete with Pinkberry's, and it further contends that Yogiberry has misappropriated Pinkberry's trade dress. Pinkberry is seeking an injunction, monetary damages, and forfeiture of signage.
Reed Smith's Mark Wasserman (Falls Church, VA) filed the complaint on behalf of Pinkberry.
Sounds like a big company picking on a small company. If Pinkberry is not in the MD/ DC area, then how is Yogiberry unfairly competing. Did McDonald's sue Burger King for using a mascott to sell the same style of food (hamburgers, fries, and soda)? No, because its a free market. This means if one company has a right sell a product, then all companies have a right to the same freedom. Isn't the law written to protect us from a monopoly? If Pinkberry is triumphent, who goes next, Cocacola or Pepsicola?