Foley Secures Summary Judgment for Southern Technologies in Trademark and Trade Dress Infringement Case

Foley & Lardner LLP secured summary judgment in a trademark and trade dress infringement case on behalf of Southern Technologies, LLC and founder Hui Chan Liao.

In 2021, Blue Bottle Coffee, LLC (Plaintiff) sued Southern Technologies, alleging infringement of 17 federally registered trademarks and Plaintiff’s purported trade dress.

Prior to the suit’s filing, Société Des Produits Nestlé S.A. (Nestlé) had acquired a controlling interest in Plaintiff. The Foley team, which included partners Victor de Gyarfas and Laura Ganoza and associate Tiffany Sung, discovered Plaintiff had assigned its rights in the asserted trademarks to Nestlé prior to filing suit. Plaintiff also failed to produce a license to the asserted trademarks during discovery.

The Foley team moved for summary judgment of lack of standing as well as a lack of likelihood of confusion for consumers, given the vast differences between Plaintiff’s asserted trademarks and trade dress and those of Southern Technologies.

In an opinion issued on May 7, 2024, the District Court ruled in favor of Southern Technologies, finding Plaintiff lacked standing to sue on its trademark infringement and trade dress infringement claims and that there was no likelihood of confusion. The Court also denied Plaintiff’s attempt to cancel Southern Technologies’ registered trademark (BLUE BREW), resulting in a total loss for all Plaintiff’s claims and a complete victory for Foley’s client.

“Southern Technologies is pleased that the Court came to the correct decision in a comprehensive and well-reasoned opinion,” said de Gyarfas. “Our client is thrilled with the result and hopes for continued success on a motion for attorneys’ fees.”