Sunkist Wins US Court Appeal to Block ‘Kist’ Trademark

Sunkist Wins US Court Appeal to Block ‘Kist’ Trademark

IDI, based in Detroit, bought the rights to ‘Kist’, a vintage Midwestern soda brand, in 2009 and has marketed it in glass-bottle sodas and sparkling waters since 2014.

A US appeals court sided with Sunkist Growers, blocking a soft drink maker’s attempt to register a trademark for ‘Kist’ beverages. The US Court of Appeals for the Federal Circuit observed that the case “concerns kisses, sunlight, and soft drinks,” agreeing with Sunkist that the US Patent and Trademark Office (USPTO) should have refused Intrastate Distributors Inc. (IDI) its ‘Kist’ trademark, as it could cause confusion with Sunkist’s famous orange sodas.

Sunkist Growers, a cooperative of citrus growers, has sold Sunkist soft drinks since the 1930s. Meanwhile, IDI, based in Detroit, acquired rights to the vintage Kist brand in 2009 and has sold it in glass-bottle sodas and sparkling waters since 2014.

Earlier, the USPTO rejected Sunkist’s opposition, finding that the brands would not confuse consumers because Sunkist references the sun while Kist alludes to kissing. The Federal Circuit has now reversed that ruling and blocked IDI’s trademark application.

Spokespersons and attorneys for both Sunkist and IDI did not immediately respond to requests for comment.