Sughrue attorneys, on behalf of their client Sunkist Growers Inc. recently prevailed in a trademark infringement, unfair competition and trademark dilution case against California retailer, Terri Babin, operating under the name Sunkissed Kids. Defendant was wrongfully using the “SUNKIST KIDS” trademark in connection with clothing items.
Plaintiff, Sunkist Growers Inc., an agricultural marketing cooperative,is engaged in the business of marketing fresh fruit and processed citrus products throughout the world. Sunkist Growers Inc. has used the trademark “SUNKIST” as a trademark since as early as 1907 in connection with the marketing and sale of its fruit. Plaintiff also owns trademark registrations for its mark “SUNKIST” and “SUNKIST KIDS” for clothing products and for various educational services for the benefit of children.
Terri Babin’s use of the “SUNKIST KIDS” and “SUNKISSED KIDS” trademark was found likely to cause confusion as to the source, origin and association of the products in addition to being misleading and deceptive to the consumer. The court ordered Terri Babin permanently enjoined from further use of the marks.
The case was decided by the U.S. District Court, Southern District of California. The Sughrue litigation team was led by Kevin Smith, Gary Krugman and Leigh Ann Lindquist.