No Preliminary Injunction On Parrot Bay Pouches

You may recall Diageo and American Beverage Corporation (ABC), maker of Daily's Cocktails, are currently fighting it out in court over intellectual property rights of Daily's pouch packaging. ABC claims Diageo's Parrot Bay and Smirnoff pouches ripped-off the patent hourglass shape of Daily's as well as several aspects of the trade dress. ABC requested a preliminary injunction, but was recently denied. In her decision, District Judge Joy Flowers Conti agreed with ABC that its patent design for Daily's was ornamental