PORTLAND — A Bethel-based producer of all-natural energy drinks has asked a judge to assess a California company’s trademark violation allegations.

Black Bear LLC, which makes energy drinks and oral sprays, in its complaint states that it received a cease-and-desist letter in mid-June from WIT Beverage Co.

According to court documents, the June 17 letter indicated WIT Beverage planned to file a cancellation of the Bethel company’s trademark because it claims it began selling a vitamin-fortified beverage earlier.

In the letter, an attorney for WIT wrote that the company would in 10 days have the option of filing a request with the U.S. Patent and Trademark Office to cancel the Maine company’s trademark to use the term “Black Bear” in connection with vitamin, mineral and fortified beverages excluding soft drinks and bottled water.

The Bethel company filed its trademark in August 2013 and first used it commercially in September 2014.

In its complaint seeking declaratory judgment in U.S. District Court, the Bethel company has asked a court to clear its name of any trademark infringement accusations and to pay legal costs.


Only subscribers are eligible to post comments. Please subscribe or to participate in the conversation. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.

filed under: