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Sharks never sleep. At least that’s what many scientists believe. So it’s fitting that Osotspa Co. Ltd. dubbed its energy drink “Shark” and chose the creature as its logo. But the company contends there’s no room for another shark in the ocean of beverages. When it discovered that Impulse Beverage Co. was selling energy drinks with a shark label, Osotspa filed a trademark infringement suit. “The question is: In this market can you have two companies using the same animal as a logo?” said P. Craig Cardon, a partner at Sheppard, Mullin, Richter & Hampton who is representing Osotspa. A federal court in Florida concluded the two sharks couldn’t co-exist. Finding that Impulse’s packaging was confusingly similar to Osotspa’s, U.S. District Judge Alan Gold issued a preliminary injunction requiring Impulse to drop the shark image. Last month, the court denied Impulse’s motion to stay the injunction pending appeal. Cardon said the case also raised the issue of whether a different name across a logo could sufficiently distinguish two products. Osotspa’s trademark consists of the name “shark” imposed over an image of a white or silver shark, while Impulse’s drink has “Impulse” imprinted over a shark graphic. Impulse’s attorney, Alexander Angueira, a partner in the Miami office of Stearns Weaver Miller Weissler Alhadeff & Sitterson, could not be reached for comment. Osotspa, the largest pharmaceutical company in Thailand, distributes its energy drinks in the United States through its Torrance, Calif.-based subsidiary, Shark USA. The caffeine-rich drinks have been sold in Thailand for more than a century. Cardon said Osotspa was the original manufacturer of the Asian tonic, and Red Bull took the lead in introducing energy beverages in Europe and the United States. Miami-based Impulse began selling its product in 2001.

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