WHITESTONE, N.Y. -- Beverage companies glaceau and PepsiCo Inc. have reached a settlement over the packaging of their competing health drinks, vitaminwater and SoBe Life Water. PepsiCo has agreed to change the trade dress of its product.
The agreement to settle the lawsuit was reached after a hearing in the New York Federal Court on Tuesday. Judge Shira Scheindlin told the parties she would wait 48 hours before releasing her decision to allow them to try to reach a settlement. Thursday, the parties met with the judge in the morning and, after a full [image-nocss] day of negotiations, reached their settlement agreement, the terms of which are confidential.
J. Darius Bikoff, founder and CEO of glaceau, said, "We respect that Pepsi agreed to change [SoBe] Life Water's trade dress.
Whitestone, N.Y.-based glaceau filed suit against PepsiCo and SoBe on April 5, alleging trade dress infringement, trade dress dilution and unfair competition. Acting for glaceau in this case was David H. Bernstein of Debevoise & Plimpton LLP.
A spokesperson for PepsiCo would not comment on the case other than to confirm that all was amicably resolved.
The Purchase, N.Y.-based company rolled out SoBe Life Water in early March 2006.Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.