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PepsiCo Inc. has agreed to stop using the phrase “Polar Shock” for slush drink products to settle a trademark lawsuit brought by beverage competitor Polar Corp. District Judge Dennis Saylor IV of the District of Massachusetts in Worcester slapped PepsiCo. with a preliminary injunction on April 28. The order barred PepsiCo from using 10 variations on the phrase “Polar Shock” in New York and New England. Polar Corp. sued PepsiCo and its subsidiary, the Concentrate Manufacturing Co. of Ireland, in January for trademark infringement and false designation of origin and unfair competition in violation of trademark law. The slush products are distributed in convenience stores, quick-serve restaurants and sports and entertainment venues. Polar Corp., a 1,200-employee, Worcester-based company, claims to be the nation’s largest independent bottler of nonalcoholic beverages. PepsiCo’s lawyers at Houston-based Baker Botts did not respond to requests for comment. Daniel Cloherty, a partner at Boston-based Collora who is also representing PepsiCo in the case, referred questions to the company. In a written statement, PepsiCo spokesman Larry Jabbonsky said the “issue has been resolved.” “We’ll be re-launching “Polar Shock” under a new name soon,” Jabbonsky said Mark Meredith, a Providence, R.I., partner at Hinckley Allen Snyder and one of Polar Corp.’s lawyers on the case said “the matter has been resolved to the mutual satisfaction of the parties.” “PepsiCo will be changing the name of the Polar Shock products over an agreed period,” Meredith said. Sheri Qualters can be contacted at [email protected].

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