Sunkist Growers convinced a U.S. appeals court to block a soft-drink maker's effort to register a trademark for "Kist" drinks.
The U.S. Court of Appeals for the Federal Circuit, noting the case concerns "kisses, sunlight, and soft drinks," sided with Sunkist, stating that the U.S. Patent and Trademark Office should have denied Intrastate Distributors Inc's "Kist" trademark due to potential confusion with Sunkist's sodas.
Sunkist Growers, a citrus-grower cooperative, has sold Sunkist beverages since the 1930s. Intrastate Distributors Inc (IDI), based in Detroit, acquired rights to the Kist brand in 2009 and began using it for sparkling waters and sodas in 2014.
In 2019, IDI applied for a federal trademark for "Kist." The USPTO rejected Sunkist's opposition in 2023, concluding the brands wouldn't confuse consumers, as Sunkist references the sun and Kist references kissing.
The Federal Circuit reversed this decision, blocking IDI's trademark. The court found that Kist's marketing does not revolve around kisses and that the USPTO "overly relied" on Sunkist's sun logo when comparing the brands. It concluded that "Kist" and "Sunkist" are confusingly similar names for beverages.
The case is Sunkist Growers Inc. v. Intrastate Distributors Inc., U.S. Court of Appeals for the Federal Circuit, No. 24-1212.
For Sunkist: Leigh Lindquist of Sughrue Mion
For IDI: Michael Cummings of Cummings McClorey Davis & Acho
Source: Reuters
