Wodka labeled blatantly stole by Gruven

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.