Clearly Food & Beverage Co. v. Top Shelf Beverages, Inc.

*1159ORDER GRANTING IN PART AND DENYING IN PART SUMMARY • JUDGMENT

JAMES L. ROBÁRT, District Judge.

I. INTRODUCTION

Before the court is Defendant Top Shelf Beverages, Inc.’s (“Top Shelf’) motion for-summary judgment. ■ (See Mot. (Dkt. # 47).) This is a trademark case involving two brands of bottled beverages: “Clearly Canadian” sparkling water and “Clearly Kombucha” fermented tea. Having considered the submissions of the parties, the balance of the record, and the relevant law, and deeming oral argument unnecessary, the court GRANTS in part and DENIES in part Top Shelfs motion for summary judgment.

II.…