Source: cases/15usc1125/f-supp-3d-381-175-niagara-bottling-v-cc1.case
Case source: https://www.neochart.com/catalog/cases/f-supp-3d/volume_381/0175_01/index.html
However, if the mark is registered, the first prong of a trademark infringement case is then satisfied.
In the instant case, the Court finds the first prong has been satisfied by the federal trademark registration that entitles Plaintiff to the trademark rights.
Accordingly, the Court finds that Plaintiff satisfies the two prongs to establish trademark infringement.
casedsl 1.2
# author: Flash3 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)
case /f-supp-3d/381/0175-01
name Niagara Bottling, LLC v. CC1 Ltd.
cite 381 F. Supp. 3d 175 (2019)
court United States District Court, D. Puerto Rico
date 2019-05-14
url catalog/cases/f-supp-3d/volume_381/0175_01/index.html
source ir/caselaw/f_supp_3d_381.jsonl sha1=0898133f9ab2c4577407a0baaea60cb51e065a2b chars=22456
opinion op : order by Domínguez @50..22456 controlling
party p1 : CC1 Limited Partnership
count c1 : Eco-Air trademark infringement
law 15usc1125 (a)
role applied
posture civil trademark infringement action under Lanham Act § 43(a) joined with a claim for breach of a prior settlement agreement; motion to dismiss under Rule 12(b)(6) denied
result claimant-won
element protected-mark : satisfied [pleaded]
party p1
count c1
route registration
pattern federally registered word marks for a bottled-water bottle and package, registrations attached to the complaint
fact @545..795 [supports] | Plaintiff is the owner of federal trademark registrations for Eco-Air Bottle word mark in International Class 32 and Eco-Air Package work mark in International Cass 16 ("collectively "Eco-Air Marks"); along with common law rights ("Composite Marks").
fact @20633..20743 [supports] | Moreover, Plaintiff complies with registering the trademarks before the United States Patent Trademark Office.
rule @15686..15789 | However, if the mark is registered, the first prong of a trademark infringement case is then satisfied.
held @16250..16408 | In the instant case, the Court finds the first prong has been satisfied by the federal trademark registration that entitles Plaintiff to the trademark rights.
gloss District court treats the pleaded federal registrations as satisfying the protectability prong at the pleading stage.
element likely-confusion : satisfied [pleaded]
party p1
count c1
route _whole
pattern multi-factor-similarity/bottled-water-packaging
fact @17610..17954 [supports] | Plaintiff provides a description and image of their Eco-Air Marks and alleges Defendant "adopted a design whose dominant features and overall appearance are practically identical ... [the] mark is also placed inside a white circle with half of the circle outlines in color blue with a green leaf concavely position at the bottom of the circle."
fact @18137..18337 [supports] | In the case at bar, both parties have similarities of services and customers because they target the general public in Puerto Rico and sell their product in similar ways; stores, online, among others.
fact @19153..19276 [cuts-against absent] | In the instant case, Plaintiff has not provided the Court with any facts or allegations that can be construed as confusion.
held @20962..21067 | Accordingly, the Court finds that Plaintiff satisfies the two prongs to establish trademark infringement.
gloss Under First Circuit eight-factor analysis, plaintiff plausibly pleaded likelihood of confusion based on near-identical design, identical bottled water product, and shared commercial trade channels in Puerto Rico, notwithstanding the absence of pleaded actual confusion.