SoBe Wins Lawsuit With Arizona

Federal district court in New York on Nov. 14 hands SoBe victory in lawsuit brought by Arizona in 1997.  Arizona claimed SoBe CEO John Bello, after working short period for Arizona, "resigned," started SoBe, misappropriated Arizona's trade secrets and violated its copyrights, etc.  Arizona claimed copyright violation re its bottle and dilution of its allegedly famous mark; also unfair competition.  Action.  SoBe asked court for -- and won -- summary judgment dismissing Arizona's case.  In statement released Nov. 16, SoBe says "Arizona scorched."  Arizona.  Arizona executive:  "We're examining our options."

Decision.  Copyright.  Court states:  "On comparing (Arizona's) bottle and (SoBe's) bottle ... a reasonable jury ... could not find ... there is a substantial similarity."  Trade dress.  Court defines trade dress as "design and appearance of a product, together with all the elements that make up its overall image ... including labels, wrappers and containers."  Re Arizona claim, court says, "there are no facts in dispute to support a likelihood of confusion" between Arizona's and SoBe's bottles.  Dilution.  Court says to win claim of dilution, plaintiff must show ownership of "a famous mark" and dilution.  Dilution is "lessening the capacity of a famous mark to identify" good or services.  Re Arizona's claim, court says Arizona has not shown "its mark is sufficiently famous to support claim of dilution" under Federal law.  Unfair competition.  Court states simply:  "There are no facts on the record sufficient to evidence that (SoBe) 'deliberately engaged in a deceptive commercial practice' designed to confuse and deceive the public."