Mars, Incorporated et al v. The J.M. Smucker Company et al
Filing
196
MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 09/27/2017. (dvanm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
MARS, INCORPORATED, et al.,
Plaintiffs,
Civil Action No. 1:16-cv-01451
V,
THE J.M. SMUCKER
COMPANY, et al.,
Defendants.
MEIĀ«?RANDUM OPINION
THIS
MATTER
comes
before
the
Court
on
Defendants'
Motion
for Summary Judgment and Plaintiffs' Motion for Partial Summary
Judgment.
This
case
arises
from
a
claim
for
trademark
infringement
brought by Plaintiffs Mars, Incorporated and Mars Petcare US,
Inc. (collectively, "Mars") against Defendants The J.M. Smucker
Company and Big Heart Pet, Inc. (collectively, "Smucker"). Both
parties
manufacture
their
own
line
of
special
dog
treats
designed for pet owners to hide medication for administration to
their pets. Mars produces Pill Pockets, a product sold under
Mars's
GREENIES
trademark
brand.
The
name
Pill
Pockets
is
a
registered
of Mars. Smucker, conversely, produces Pill Pouches
under its MILK-BONE brand. Smucker does
not have a
registered
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