Las Vegas Sun

December 7, 2009

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Las Vegas firm being sued over beverage name of ‘Mellow’

Venice-based beverage company challenges use of trademarked brand

By Steve Green (contact)

Friday, Oct. 30, 2009 | 12:02 p.m.

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A Las Vegas company promoting "mellow'' relaxation beverages is being sued by a competitor over trademark issues.

Venice, Calif.-based Mellow Beverage Co. LLC (MBC) filed suit Thursday in U.S. District Court in Las Vegas against Shannon M. Nounna and her company Beverage Concepts Inc.

Mellow Beverage says it makes and sells Mellow brand relaxation and sleep aid beverages, that its products are widely distributed in Southern California through a deal with Dr. Pepper Snapple Group and that it's preparing to take its products nationwide.

The lawsuit claims the Las Vegas defendants are promoting on the Internet the development and sale of competing products with trademark-infringing and similar-sounding names and slogans: "Mellow, be happy... drink Mellow,'' and "Mellow all natural relaxation beverage.''

"The products offered by defendants using the infringing marks are identical with some or all of the products offered by MBC and are directly competitive with such products and sold in the same channels of trade,'' the lawsuit asserts.

A message for comment on the allegations was left Friday with Beverage Concepts. Callers to the company are greeted with a recording advising them to "Remember -- peace, love and mellow.''

Discussion: 4 comments so far…

  1. By wizardofOz
    10/30/09 at 2:12 p.m.
    Suggest removal

    I can't say enough how important a Trademark is.

    Our "Free Trade At Any Cost" society is helping ruin the security for legitimate and hard working businesses.

    Trademarks, like legal contracts, are a legitimate part of doing valid business.

  2. By jlb101
    10/30/09 at 8:30 p.m.
    Suggest removal

    What can Mellow do, that a couple of shots of brandy can't? I bet the brandy tastes better too.

  3. By gmag39
    10/30/09 at 9:22 p.m.
    Suggest removal

    They call it Mellow Yellow, quite rightly.

  4. By STARBEAMS
    10/31/09 at 11:26 a.m.
    Suggest removal

    Yep.

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