[W]hile the challenged packaging contains the word “berries” it does so only in conjunction with the descriptive term “crunch.” This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a “crunchberry.” Furthermore, the “Crunchberries” depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly states both that the Product contains “sweetened corn & oat cereal” and that the cereal is “enlarged to show texture.” Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.
OK, the judge wasn’t having any of that sh*t, so why are we doomed?
BECAUSE THIS CASE GOT INTO COURT TO BEGIN WITH.
Which means there is a lawyer out there greasy enough to actually file a case like this.
But then, that lawyer, his name is Legion, isn’t it?
“What do you call it when a cruise ship with a thousand lawyers on board sinks in the mid-Atlantic?”
“A good start.”
Here is a link to the full decision.