“Plaintiff did not explain why she could not reasonably have figured this out at any point during the four years she alleged she bought Cap’n Crunch with Crunchberries in reliance on defendant’s fraud.”
Figured out … what? You have to click the link to find out. Let’s just say that CRUNCH BERRIES is a trademark and not a generic term.
Next lawsuit? Couple sues for misrepresentation, claims to have been married at sea by Cap’n Crunch himself, who, it turns out, is not an actual Cap’n.\