Death Wish Coffee takes legal action against Liquid Death over trademark infringement
Death Wish Coffee Files Trademark Suit Against Liquid Death Over “Death” Branding
Trademark Clash Between Beverage Giants
Death Wish Coffee Co, a renowned player in the coffee industry since 2012, has filed a trademark infringement lawsuit against Liquid Death in a federal court in California. The dispute centers around Liquid Death’s planned expansion into the coffee market, which Death Wish believes could potentially infringe on its established “Death”-related trademarks.
Concerns Over Brand Confusion
The central issue of the lawsuit is Liquid Death’s new line of coffee products, including a proposed “Deathuccino,” which Death Wish claims would confuse consumers and dilute its brand identity. Both companies have earned considerable attention for their “death-themed” branding, leading Death Wish to argue that the similarities in aesthetic could mislead customers, especially when both brands could appear side by side on retail shelves.
Liquid Death’s Trademark Applications
Recently, Liquid Death made trademark applications for “Liquid Death” and “Liquid Death Deathuccino” to mark its foray into coffee. Death Wish, having carved out a significant market presence with its high-caffeine offerings in stores like Walmart, Target, and Kroger, views this expansion as a direct threat.
Legal Precedents and Coexistence
Death Wish’s legal filing emphasizes its longstanding trademark registrations for coffee-related products. The company argues that its distinct brand image has been built over years, synonymous with potent coffee varieties. Despite having coexisted with Liquid Death, differences in their product lines prevented conflicts until now.
- Death Wish accuses Liquid Death of initiating reverse confusion, where consumers might mistakenly associate its products with Liquid Death.
- The company alleges unsuccessful negotiations with Liquid Death to halt the trademark applications, prompting the lawsuit.
- Demands include blocking Liquid Death’s use of any ‘Death’-formative marks with coffee products, along with punitive damages and legal costs.
Responses and Future Implications
In response, Liquid Death has maintained that it has no immediate plans to launch a ready-to-drink coffee line. While exploring new product innovations, the company contends that the term ‘Death’ is not just exclusive to one brand’s usage, acknowledging various similarly-themed brands across diverse markets.
Impact on Beverage Branding Strategy
This legal contention highlights the intricate dynamics of brand identity and intellectual property within the beverage industry. As companies seek to diversify across categories, maintaining a unique brand presence becomes increasingly vital. Legal representation for Death Wish includes BraunHagey & Borden LLP, as both companies prepare for a contentious legal journey.
