Can the Stash Boxes, Pepsi Says

LAS VEGAS (CN) - Pepsico wants a Las Vegas company stopped from selling hollowed-out containers of its soft drinks and foods to be used to stash "illicit narcotics" and weapons.

Defendant Ram Traders "markets the infringing safes primarily for consumers' use in hiding illicit narcotics," according to the federal trademark complaint. "They also are used to conceal weapons."

Pepsico and its subsidiary Frito-Lay say the stash boxes damage their goodwill and reputation, and "will cause consumers who encounter them to be alarmed and angry with plaintiffs' products."

Defendant's can safes bear the exact marks of Pepsi, Diet Pepsi, Sierra Mist and Mountain Dew, and "incorporate a secret compartment that is accessible by twisting off the top ... creating sharp interior edges that can cut people who use the products," the complaint states.

Ram makes similar bottle safes using Pepsi, Diet Pepsi, Mountain Dew and Aquafina bottles that "are visually identical to Pepsico's genuine Pepsico products."

The "unsanitary liquids" inside the bottles "give the appearance of a full, genuine Pepsico product," the complaint states. "Often, the liquid contained in the infringing bottle safes is cloudy or contains particulate."

Pepsico wants defendant to stop making the safes, and wants all remaining safes to be sent to it for destruction.

It also seeks disgorgement of profits and damages for trademark violation and dilution, deceptive trade and unfair competition.

Pepsico is represented by William R. Urga with Jolley Urga Wirth Woodbury & Standish.

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