Hansen Beverage Co. v. Nat'l Beverage Corp.

National Beverage Corporation, Shasta Beverages, Inc., NewBevCo., Inc., and Freek’N Beverage Corporation (collectively, “National”) appeal the district court’s grant of a preliminary injunction prohibiting National from infringing upon the trade dress of Hansen Beverage Company’s line of “Monster” energy drinks. The preliminary injunction restrains National, inter alia, from selling or marketing its line of “Freek” energy drinks in their current containers or containers confusingly similar to Monster’s current trade dress. We reverse because the district court abused its discretion when it determined that Hansen is likely to succeed on the merits.

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