An Austin-based Beverage Maker that introduced its Brizzy® premium hard seltzer in 2019, Future Proof Brands LLC has filed a lawsuit in the United States District Court for the Western District of Texas against Molson Coors alleging trademark infringement.
The plaintiff alleges that the defendant is aware of the Brizzy trademark and distribution of its Brizzy products but is moving forward to launch a competing product, Vizzy later this year.
The plaintiff reportedly said that Future Proof launched the four-flavor Brizzy line in 2019 and the brand has sold over 10,000 cases since September 2019 at more than 1,000 retail locations in Texas, Kansas, Virginia, California and North Carolina.
The plaintiff alleges that the launch of the defendant’s new product will cause lots of damages, confusion and unfair competition.
The CEO of Future Proof, Justin Fenchel reportedly said that the “Unfortunately, several wholesalers and retailers are already expressing concerns about likely consumer confusion with Vizzy. The names are nearly identical, they sound alike, the product is similar, the packaging is similar, and we are often distributed by the same wholesalers.”
The case is pending.
Future Proof Brands, LLC v. Molson Coors Beverage Company and MillerCoors
|Court:||Texas Western District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Feb 06, 2020|