Wodka
Vodka Maker Sues Rival Over Similar Packaging
Source:
Law 360
By
Jonathan Randles
July
03, 2013
Wodka
Vodka maker Panache Beverages Inc. has slapped competitor Pacific Edge
Marketing Group Inc. with a trademark infringement lawsuit in New York,
alleging its rival is using deceptively similar packaging for its Gruven vodka
brand.
Panache
claimed in a July 1 complaint that Pacific Edge has recently changed the
packaging of Gruven to give it a similar look and feel as Wodka Vodka. The
copy-cat design of the vodka bottles has confused Panache customers and
distributors who have inquired about whether the company or its products are
related to Gruven, according to the suit.
"They
believed that Panache had begun marketing and selling another brand of
vodka," the lawsuit said.
Until
recently, Gruven, which is imported from Poland, "bore no
resemblance" to Wodka Vodka, Panache says. Wodka Vodka has for years been
packaged in the same trade dress, which the public now identifies and
associates with Panache's vodka-brand, the lawsuit says.
The
lawsuit lists a number of alleged similarities between Gruven's and Wodka Vodka's
trade dress: Both products use a similar bottle style and label colors, gold
caps, watermarks on the labels, and the inclusion of the word vodka immediately
under the brand name.
Panache's
lawsuit includes side-by-side comparisons of Wodka Vodka and Gruven packaging.
Pacific
Edge, headquartered in Los Angeles, has used trade dress that is
"confusingly similar" to Wodka Vodka, the lawsuit says. Panache
claims that its customers and potential customers have mistaken Gruven for
Wodka Vodka and "mistaken the infringing product as a product of
Panache."
Panache
sent Pacific Edge a cease-and-desist order in May, threatening litigation if
Gruven's packaging was not changed. After initially requesting more
information, Pacific Edge did not respond to a letter that laid out Panache's
specific gripes with Gruven's marketing and packaging, according to the
complaint.
The
lawsuit asserts Pacific Edge is in violation of the federal Lanham Act and
corresponding state laws in New York, California and Florida. Panache seeks an
injunction, monetary damages, and an accounting and disgorgement of Pacific
Edge's profits arising from its rival's "unfair competition."
Pacific
Edge and an attorney representing Panache did not immediately to requests for
comment Wednesday.
Panache
is represented by Jonathan Greystone and Daniel J. Dugan of Spector Gadon &
Rosen PC.
Counsel
information for the defendants was not immediately available.
The
case is Panache Beverage Inc. v. Pacific Edge Marketing Group Inc., case number
13-cv-04575, in the U.S. District Court for the Southern District of New York.
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