Intellectual Property Law

Yoberry Cries Uncle, Agrees to Pinkberry's Permanent Injunction

By Michael Atkins

Today, Western District Judge James Robart entered a Consent Judgment and Permanent Injunction in Pinkberry, Inc. v. Yoberry, Inc.

As STL readers may recall, the burgeoning Los Angeles-based frozen yogurt seller Pinkberry sued the Seattle-based frozen yogurt seller Yoberry for trademark infringement, alleging a likelihood of consumer confusion between the parties’ word marks and swirl designs.

The agreed order enjoins Yoberry from using its YOBERRY word mark, any other mark that uses the word “BERRY” in a non-descriptive manner, and any logo that consists of a swirl design.

Yoberry also agreed to destroy within 30 days all goods, apparel, merchandise, labels, signs, and packaging that display the subject marks.

I gotta wonder if the apparently-unrelated Yoberry of San Jose or Yo! Berry of Boston will suffer the same fate. Or Seattle’s Mooberry, as I’ve previously speculated.

N.B. I stopped by the shop (which was closed) on my way home from work. Yoberry appears to have taken down all signs of YOBERRY and now operates under the shortened name YO. Query whether this will satisfy Pinkberry, as the store appears to continue to display the swirl design mark to which Pinkberry objected.

The case cite is Pinkberry, Inc. v. Yoberry, Inc., No. 08-1360 (W.D. Wash. Dec. 1, 2008) (Robart, J.).

Full post as published by Seattle Trademark Lawyer on December 01, 2008 (boomark / email).