neochart v2 research

cases/15usc1125/f-supp-3d-381-175-niagara-bottling-v-cc1.case

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

Verbatim annotated passages

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.

Exact source text

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.