Coca-Cola Co. v. Tropicana Products, Inc.

Tropicana (defendant) aired a commercial showing athlete Bruce Jenner squeezing fresh juice directly into a Tropicana carton while stating the juice was "pasteurized juice as it comes from the orange" and that Tropicana was the only leading brand not made from concentrate; in reality, Tropicana's juice was heated and frozen before packaging, and fresh-squeezed juice is by definition unpasteurized. Coca-Cola (plaintiff), a competing juice maker, sued under the Lanham Act, presented consumer survey evidence of some confusion, and appealed the district court's denial of a preliminary injunction.