FIJI WATER COMPANY, LLC, PARAMOUNT INTERNATIONAL EXPORT LTD., NATURAL WATERS OF VITI LIMITED, Plaintiffs, vs. FIJI MINERAL WATER USA, LLC, ET AL., Defendants., 741 F. Supp. 2d 1165

Summary

Bottled water producer was entitled to a preliminary injunction against a competitor where it was likely to succeed on a trade dress infringement claim under 15 U.S.C.S. § 1125(a) in relation to packaging and design elements of bottled artesian water from the Republic of Fiji. The producer had a protectable, non-functional trade dress that was inherently distinctive. Also, a likelihood of irreparable harm was shown, the balance of hardship tipped in favor of granting a preliminary injunction, and the public interest favored a preliminary injunction because a likelihood of confusion was shown.