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.

MEI«?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