Polar Pop sues Circle K, alleging it broke advertising deal

Polar Pop Circle K overview: 

• Who: Polar Pop has sued Circle K.
• Why: The company says Circle K is violating a settlement deal made over the use of the Polar Pop trademark.
• Where: The Polar Pop Circle K lawsuit was filed in a Massachusetts federal court.

Polar Corp. has sued Circle K alleging the convenience store company is violating a settlement deal made over the use of the Polar Pop trademark.

Beverage company Polar Corp. filed the lawsuit against Circle K on April 24 in a Massachusetts federal court, alleging the company violated a settlement deal the pair made in 2007.

According to the lawsuit, the deal limited Circle K’s use of Polar Pop to identifying cups, mugs, straws and straws combined with spoons. The convenience store chain was also forced to stop registering the trademark for convenience store beverage services and agreed it would only distribute the Polar Pop goods within its stores.

Polar Pop alleges Circle K broke the agreement in Feb. 2021 by marketing drinks rather than cups, by doing online and radio Polar Pop ads, and putting signage outside of stores on ice coolers and propane lockers.

It also went ahead and acquired trademark registrations for Polar Pop in Canada, Costa Rica, Cuba, Jamaica, India and Uzbekistan, the lawsuit alleges, even though it agreed not to register any trademarks worldwide.

Polar Corp. claims Circle K breached the 2007 contract multiple times, breached the implied covenant of good faith and fair dealing and infringed its trademark.

Circle K was denied amendment to agreement and then did it anyway, lawsuit alleges

Polar Corp. said Circle K approached it in 2018 trying to amend the original settlement so that it could use Polar Pop in online and radio advertising.

Polar Corp. said the companies didn’t reach a deal to alter the original settlement, but the convenience store started to expand its use of Polar Pop anyway, in violation of the law. Polar Corp. seeks an order forcing Circle K to stop breaching the settlement and to destroy all product that breaches the settlement. 

Meanwhile, makers of Poland Spring sparkling lemon water and Polar lemon seltzer misrepresent their products as being flavored with real lemon when they actually contain artificial lemon flavoring, according to two class action lawsuits filed last week in Illinois federal court.

What do you think of the allegations in this case? Let us know in the comments!

Polar Corp. is represented by Mark S. Puzella, Carolin K. Simons and Robert M. O’Connell Jr. of Orrick Herrington & Sutcliffe LLP.

The Polar Pop class action lawsuit is Polar Corp. v. Circle K Stores Inc., Case No. 4:23-cv-40052, in the U.S. District Court for the District of Massachusetts.

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