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View Full Version : Glacieu seeks stoppage of Pepsico's SobeLife



pepsipimp
04-06-2006, 12:58 PM
CHICAGO, April 6 (Reuters) - Beverage company Glaceau on Thursday said it has filed a complaint in federal court in New York, claiming that PepsiCo Inc.'s (PEP.N: Quote, Profile, Research) SoBe Life Water copies Glaceau's vitaminwater enhanced water beverage's packaging.

The lawsuit, filed by Glaceau parent Energy Brands Inc., accused PepsiCo of mimicking vitaminwater's packaging in order to confuse customers.

Similarities include "a nearly identical" bottle, a two-toned label, a clear plastic cap and other factors, the lawsuit said.

The lawsuit asks that PepiCo be stopped from selling Life Water in its current packaging and from doing anything else that is likely to confuse consumers into thinking Life Water is vitaminwater or comes from Glaceau.

The lawsuit also seeks triple financial damages from PepsiCo.

The lawsuit said PepsiCo is launching Life Water only after trying unsuccessfully to acquire the vitaminwater brand earlier this year.

A PepsiCo spokesman could not be reached for comment.

The lawsuit is the latest skirmish in the beverage arena as companies like PepsiCo are trying hard to woo consumers who are moving away from sugary soft drinks to healthier low-or no-calorie products such as water and reduced sugar juices.

The added nutritional supplements in products like vitaminwater also are aimed at consumers who are willing to pay extra for a perceived health benefit.

PepsiCo shares were down 6 cents at $57.83 on Thursday on the New York Stock Exchange.

Ram0n C0keah0lic
04-06-2006, 01:26 PM
In your face, PepsiCo! :D

mr jones
04-06-2006, 01:55 PM
There's no need for that Ramon! I guess we'll see what happens with this...the labels are similar. Are they similar enough to confuse the two brands? That, I don't know.

greg
04-06-2006, 02:00 PM
Good for Glaceau! If it's true that Pepsico tried to buy them and Glaceau turned them down then they have a pretty good chance of winning this lawsuit.
Pepsico and Coke have the same business philosphy.....If you can't beat em,,,, buy em!

Mr Zabe
04-06-2006, 02:01 PM
mr jones.
The little one in your Avatar is a cutie pie. smile.gif
Welcome to our home away from home.

I agree with you. smile.gif

pepsidew
04-06-2006, 02:53 PM
Originally posted by pepsipimp:

The lawsuit asks that PepiCo be stopped from selling Life Water in its current packaging and from doing anything else that is likely to confuse consumers into thinking Life Water is vitaminwater or comes from Glaceau.
doing anything else that is likely to confuse customers - what do you mean? like stopping it completly? i'm sure glaceau would love that - heres to pepsi winning this suit and then pushing the hell out of life water and running glaceau into the ground :D

anyways they dont even look the same LOL

[ 04-06-2006, 02:56 PM: Message edited by: pepsidew ]

Ram0n C0keah0lic
04-06-2006, 03:17 PM
Originally posted by mr jones:
There's no need for that Ramon! Sorry, I overreacted, but Pepsi finally is receiving a soup of their own chocolate (like we say) after sueing Coke for such a stupid thing like the calories in a Powerade Option ad.

Mr Nethead
04-06-2006, 04:04 PM
Originally posted by pepsidew:

anyways they dont even look the same LOL http://mr-nethead.com/images/twowaters.jpg

Not only is the packaging similar, many of the flavours are similar too.

greg
04-06-2006, 05:35 PM
It's just an effort to slow down any momentum the Giant Soda Co. has. Maybe they can get some Judge to see things their way.

reset man
04-06-2006, 06:36 PM
The packaging, colors, sweetner, etc. do seem to be a copycat. Nothing wrong with making a similar product but do it your own way. When the Sobe brand was on fire Snapple came out with elements in its own unique package/bottle. If Dole comes out with a sparkling juice, like rumor has it, will they copy the Izze bottle and label? I have to side with Glaceau on this one even though they are my competition right now.

pepsidew
04-06-2006, 08:14 PM
Originally posted by Mr Nethead:
</font><blockquote>quote:</font><hr />Originally posted by pepsidew:

anyways they dont even look the same LOL http://mr-nethead.com/images/twowaters.jpg

Not only is the packaging similar, many of the flavours are similar too. </font>[/QUOTE]come on glaceau doesnt have the lizard thing on the neck smile.gif pepsi f'd up on that one though for sure - i will have to buy one bottle of each if they do have to change the bottle & label

pepsidew
04-06-2006, 08:17 PM
"This is just an overreaction by Glaceau to competition in the marketplace," said Dave DeCecco, a PepsiCo spokesman. "Consumers have told us they clearly see the difference between SoBe Life Water and Glaceau Vitaminwater."

reset man
04-07-2006, 07:01 PM
I found one of the other brands from the article "Enhance" by Long Life. Still trying to get a view of Arizona's Wateraid. Anyone have? http://www.long-life.com/

Lepke
04-07-2006, 07:10 PM
Glaceau Is 100% correct on this one. They need to protect their brand. Pepsi obviously is trying to let the consumer know it’s the same type of product by using a package that is incredibly similar to that of vitamin water.

mjb1124
04-07-2006, 07:13 PM
I did think when I first saw Life Water that the packaging looked way too much like Vitaminwater. But hey, it was only a matter of time before the competition would come.

Mr Nethead
04-07-2006, 08:28 PM
Generally I think most people would know the difference between Life Water and vitaminwater. But there could probably be situations where a person drank a vitaminwater a few months back and upon returning to the store, couldn't remember if it was vitaminwater or Life Water that he drank last time.

Sobe should change their bottle and design.

Lepke
04-07-2006, 09:42 PM
It’s not about people mistaking life water for vitamin water. It’s about Pepsi trying to use a similar look so the consumer will have no doubt what type of product it is. Vitamin water sat on the shelf for more then a year before people started picking it up and Glaceau nursed the brand all that time. Glaceau created an image for this brand and now pepsi is trying to cash in on Glaceaus hard work and investment. The sobe product is far too similar to be a coincidence. This is a blatant infringement on Glaceaus look and trade mark. The people at Pepsi should be ashamed.

SURGE
04-08-2006, 06:07 PM
IMHO Pepsi excersized bad judgement on the packaging- it is remarkably similar- But at the same time I don't know if its similar enough to "confuse the consumer". I sympathize with Glaceau, they arnt the first company to have to compete with Big Soda. Obviously Pepsi want to eat their lunch. Still I think that that is inevitable. They knew that Pepsi would make a competing product when they turned down the buyout. I think it would be a nice gesture to change the design but I don't think the court will mandate it. Hopefully Glaceau stays around though- somebody has to innovate in this market and it sure isn't Coke or Pepsi (generally).

As pointed out earlier- If you can't buy them, copy them.

Mr Nethead
04-08-2006, 06:27 PM
I haven't tried Life Water but I know vitaminwater is a great product. I used to buy it by the case online before it showed up in stores here. Lately vitaminwater has been showing up everywhere and I couldn't be happier about it.

I think Glaceau has a pretty loyal following. I doubt they'll fail. Perhaps Life Water will fail though. That's something I'd like to see.

Red Sox fan
04-08-2006, 07:02 PM
No way Vitamin water wins this one.

If they do Rockstar should go out and sue every 16oz black can and red bull could probably take a couple companies out too for ripping them off..starting with "the beast" that was just reviewed by bevnet. what a rip off! terrible!

CStoreCatMan
04-11-2006, 12:13 PM
Originally posted by Mr Nethead:
Perhaps Life Water will fail though. That's something I'd like to see. Why would you like to see Life Water fail? We've all seen the overwhelmingly positive impact of competition in the energy segment. And to the above poster's point, many energy brands look similar (black cans, silver cans, etc.) Had anyone ever seen 7-Eleven's private label energy drink called "Mad Croc?" The can looked almost identical to Red Bull's...Life Water and Vitamin Water, though similar, are not so similar people can't tell the difference...IMO.

Here's the energy example I mentioned...

http://i46.photobucket.com/albums/f109/xcmtnbikr/redbullandmadcroc.jpg

[ 04-11-2006, 12:19 PM: Message edited by: CStoreCatMan ]

SURGE
04-11-2006, 12:41 PM
Those cans are remarkably similar- still just to play devils advocate the way I have interpreted trademark/copyright/patent law is that you must enforce it otherwise you lose it. Obviously like I said above, I don't think this is a close enough copy. Still it makes sence that they would make a move to discourage other companies from entering the market with a similarly designed product.Perhaps if Red Bull had gone after the first people who made similar products there would be less of them on the market these days.

CStoreCatMan
04-11-2006, 02:39 PM
Originally posted by Mr Nethead:
Not only is the packaging similar, many of the flavours are similar too. Hmm...how many times in how many categories do products have similar flavors? Red Bull clones...sodas...heck, the "black cherry berry vanilla cream" thing has been done to death in less than a year.

Flavors like citrus, punch, straw kiwi, etc. are proven flavor profiles that consumers like...in a variety of items...waters, juice drinks, and the like.

Mr Nethead
04-11-2006, 06:39 PM
Originally posted by CStoreCatMan:
</font><blockquote>quote:</font><hr />Originally posted by Mr Nethead:
[qb] Perhaps Life Water will fail though. That's something I'd like to see. Why would you like to see Life Water fail? We've all seen the overwhelmingly positive impact of competition in the energy segment. </font>[/QUOTE]I'm all for competition. But Life Water is such a blatant ripoff of vitaminwater, it just seems a little like a cheap shot. The least they could've done is presented it in a different type of package. They clearly want their product to be associated with vitaminwater.

Besides that, I'm still mad at PepsiCo for their Gatorade vs Powerade lawsuit. In my mind, PepsiCo deserves to get sued, since they have no qualms about filing petty lawsuits.

Super Jay
04-17-2006, 12:27 AM
Mad Croc was sued over that can and Red Bull won. Mad Crocs can is now green and silver. Still doesn't sell!

Lepke
04-17-2006, 12:44 AM
It’s simply a trade dress issue. Vitamin water will win if they have enough money to see it through. Legal fees can be astronomical.
There have been many cases of companies who just didn’t have the money to beat redbull. Even when redbull was in the wrong.

SURGE
04-17-2006, 04:41 PM
Despite the fact that I think Pepsi is pretty much in the clear I do think it is likely they will lose/ will settle. Namely the SobeLife's seem to be DOA. Who knows why- they arnt bad definitely comparable to Viamin Water. Obviously things could change but I think at this point it might be worth just pulling them and retooling the brand a bit. Sure Pepsi can win but if the product fails in the market it hardly seems worth it- especially since it is so early that they can pull it with minimal financial damage.

Look In The Tunk
04-17-2006, 05:57 PM
I had the cherry pomengrante Life Water today. Kool Aid Man wants his cherry kool aid back.

Glaceau will win this. This stuff will be gone in months. Just like those Aquafina waters that came in those bottles back in the summer of 2002.

Lepke
04-17-2006, 06:07 PM
Of course Glaceau will win. It’s a blatant and obvious infringement on the trade dress of Glaceau. Any judge will see that. I think anyone can see that. It’s not as if this is a generic container like mason jars or 12oz glass bottles.
Glaceau introduced this dress and style.

I don’t understand what people in this thread don’t understand.
The only thing that would keep Glaceau from winning this hands down would be the money required to see it through the legal system. And could take years.