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  1. #1
    Atomic Punk
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    Crunch Berries Lawsuit

    Crunch Berries Lawsuit 'Nonsense,' Judge Rules


    The trial of the century has grown soggy ... in milk

    ​The man who claims he was misled for years that his Froot Loops and Cap'n Crunch's Crunch Berries allegedly contained froot and berries has given up the cause for confused junk cereal eaters. East Bay cereal litigant Roy Werbel's attorneys say he will no longer pursue his two suits after a federal judge dismissed his Crunch Berries suit as "nonsense."

    "It's not that I agree with it, but I respect her decision," said San Diego-based attorney Harold Hewell of Oakland Judge Saundra Brown Armstrong's harshly worded ruling. "We felt she analyzed it and resolved any issues we had about the viability of the case."

    Well, that's one way of putting it.

    In granting Crunch Berries parent company PepsiCo's request to dismiss the suit last month, Armstrong doused Werbel's claim that the public would be deceived into believing Crunch Berries actually contain fruit because of the reference to "berries" and because they are "shaped to resemble berries."

    "Nonsense," Armstrong writes, firing up her fighting words. "It is obvious from the product packaging that no reasonable consumer would believe that Cap'n Crunch derives any nutritional value from berries. As an initial matter, the term 'Berries' is not used alone, but always is preceded by the word 'Crunch,' to form the term, 'Crunch Berries.' The image of the Crunch Berries, which is 'ENLARGED TO SHOW TEXTURE,' shows four cereal balls with a rough, textured surface in hues of deep purple, teal, chartreuse green and bright red. These cereal balls do not even remotely resemble any naturally occurring fruit of any kind."


    Thus endeth the froot lawsoot

    ​Snap, Judge Armstrong. Crackle and pop, Werbel.

    Armstrong also shot down Werber's attempt to claim as relevant a comment made by a trademark examiner in 1967 that "The word BERRIES is considered either merely descriptive or deceptively misdescriptive of goods here and should be disclaimed from the mark." The judge responded: "...it is apparent that the examiner's comment was not deemed compelling given that Quaker Oats' trademark application for Cap'n Crunch was approved in 1968, and has been renewed numerous times since then."

    Werbel then voluntarily dismissed his suit against Froot Loops as well. No word on whether he now follows his common sense -- or just his nose.
    "Watch what people are cynical about, and one can often discover what they lack. -- Gen. George S. Patton

  2. #2
    Atomic Punk LLFHS's Avatar
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    We'd have less of these dopey suits if, upon dismissal, they were all concluded with a good solid spoon-thump square on the nads.
    LowLifeFlatHeadScum

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    Your Hacked Nude Photo Here!

  3. #3
    Baluchitherium
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    Grape-Nuts better watch out!

  4. #4
    Atomic Punk Eddymon's Avatar
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    I'd like to sue Capt. Crunch for tearing the top of my mouth apart every time I eat them (its been a very long time since I have had any)/

    While I'm at it, why not sue Lucky Charms for the marsh mellows giving me the shits too!?
    'Old Van Halen, when I was in it-classic Van Halen-makes you wanna drink, dance and screw, right? And the new Van Halen encourages you to drink milk, drive a Nissan and have a relationship.' - David Lee Roth.

  5. #5
    PM Goo with your concerns OLO's Avatar
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    12.18.17 @ 08:39 AM
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    Quote Originally Posted by Eddymon View Post
    I'd like to sue Capt. Crunch for tearing the top of my mouth apart every time I eat them (its been a very long time since I have had any)/

    While I'm at it, why not sue Lucky Charms for the marsh mellows giving me the shits too!?
    ((Just My Two Cents))
    And thats about what its worth.

  6. #6
    Atomic Punk
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    Quote Originally Posted by Eddymon View Post
    I'd like to sue Capt. Crunch for tearing the top of my mouth apart every time I eat them
    Ditto!!!

    Quote Originally Posted by Eddymon View Post
    While I'm at it, why not sue Lucky Charms for the marsh mellows giving me the shits too!?
    That's the lucky charm, a diuretic!!!
    "Watch what people are cynical about, and one can often discover what they lack. -- Gen. George S. Patton

  7. #7
    Gird your loins Daisy Hill's Avatar
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    Default

    Cheerios make me sad.


    I demand compensation

    survivor of the Bowling Green Massacre 9-3-2016 BGSU 10 OSU 77

    She was warned. She was given an explanation. Nevertheless, she persisted.

  8. #8
    Eruption
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    Why stop at cereal? Has anyone every been happy after eating a happy meal?
    Your favorite band sucks.

  9. #9
    ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Number 47's Avatar
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    Damn! This shoots my Dingleberry lawsuit all to hell.

  10. #10
    Atomic Punk Viking's Avatar
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    Quote Originally Posted by Number 47 View Post
    Damn! This shoots my Dingleberry lawsuit all to hell.
    After reading this I am a bit concerned as to what might actually be in Frankenberries.
    "Viking - last to sleep, first to rise, last to leave, that's how the Nords of old rocked the house." ~ timmac in the 'Texas Linkers' thread talking about yours truly. :-)

  11. #11
    Top Of The World HissingCobra's Avatar
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    I'm scared of the Boo Berry Ghost. I need compensation. NOW!

  12. #12
    Summer Nights in Cabo SNIC's Avatar
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    At first glance I thought this thread was titled Chuck Berry's Lawsuit.

    Artists I Have Seen: 1D, 38 Special, Aerosmith, Alabama, Bad Company, Bad English, Billy Squire, Bob Seger, Bon Jovi, Boston, BTO, Cheap Trick, Chicago, Chickenfoot, Cinderella, Daughtry, Dave Matthews Band, Default, Def Leppard, Dio, Dokken, Drowning Pool, Eagles, Earth Wind & Fire, Eddie Money, Eric Clapton, Farenheit, Fleetwood Mac, Foreigner, Garth Brooks, George Strait, Glass Tiger, Heart, Huey Lewis and the News, Jackson Browne, Jimmy Buffett, Joan Jett and the Blackhearts, Joe Bonamassa, John Mellencamp, Journey, Keel, Kingdom Come, Kings X, KISS, Kool and the Gang, Krokus, Lionel Richie, Little River Band, Lou Gramm, Loverboy, Los Lonely Boys, Lynyrd Skynyrd, Metallica, Michael Bolton, Nickelback, Night Ranger, Paul Stanley, Peter Frampton, Pink Floyd, Poison, Red Rider, REO Speedwagon, Santana, Sammy Hagar, Shinedown, Steely Dan, Steve Miller Band, Styx, Ted Nugent, Tesla, The 1975, The Black Crowes, The Roots, The Wallflowers, U2, Van Halen, Whitesnake, Zac Brown Band, ZZ Top

  13. #13
    Baluchitherium Ted Van Halen's Avatar
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    Quote Originally Posted by SNIC View Post
    At first glance I thought this thread was titled Chuck Berry's Lawsuit.

    You're not alone.
    -TVH-


    If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine


    What is government itself but the greatest of all reflections on human nature? - James Madison


    Any man who thinks he can be happy and prosperous by letting the Government take care of him better take a closer look at the American Indian. - Henry Ford

  14. #14
    Sinner's Swing! VH122's Avatar
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    After many years of hearing damage listening to my cereal snap,crackle and pop I think it's time to talk to a lawyer.

  15. #15
    Sinner's Swing! csm5150's Avatar
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    Quote Originally Posted by xaminer View Post
    Why stop at cereal? Has anyone every been happy after eating a happy meal?
    But if they called them sad meals, no one would buy them.
    -Pinky and The Brain
    LSU Tigers 2003 & 2007 National Champs
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    If looks could kill, I'd stare at everybody!

 

 

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