Mars, Incorporated et al v. The J.M. Smucker Company et al, No. 1:2016cv01451 - Document 196 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 09/27/2017. (dvanm, )

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Mars, Incorporated et al v. The J.M. Smucker Company et al Doc. 196 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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