A German spirit brand, Jagermeister, has been accused by outdoor apparel brand, Kühl, of trademark infringement and dilution in its advertising campaign. The complaint was filed on Tuesday, August 22 at the U.S. District Court for the District of Utah Central Division.
Kühl, which is the second largest privately held apparel brand in the outdoor industry is owed by Alfwear and registers more than US$200 million in retail sales in the US annually. The company claims that Jägermeister’s ad campaign with slogans used such as ‘Find a kühl spot’ and ‘Drink it ice kühl’ infringes and dilutes its trademark. The campaign was initiated by creative agency Opperman Weiss.
The founder and president of Kühl, Kevin Boyle said using the trademarked name Kühl to promote Jägermeister tarnishes their brand and is a clear infringement of their trademark rights. He added that he received a screenshot from a magazine publisher needing clarification if collaboration was done between the two brands.
Kurl said the trademark is unique and distinctive in its appearance with different meanings including German – temperature and not used as ‘smooth,’ ‘laid back,’ ‘hip’ or ‘in style.’
Kühl which means ‘cool’ in German was used by Jagermeister as part of its advertising campaign earlier this year.
The case is currently pending.