Tags
Brewery, Common Law Trademark Infringement, Common Law Unfair Competition, Federal False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition
Three Floyds Brewing is one of Indiana’s longest operating breweries, selling nationally-recognized delicious beers under the trademark THREE FLOYDS since 1996.
In 2018, the defendant Floyd’s Spiked Beverages began selling Spiked Lemonade and Spiked Ice Tea under the FLOYD’S trademark. The Defendants’ apparently lower quality beverages are sold within 20 miles of the Three Floyds brewery in Munster, Indiana. The Defendants also sell their product via a website at DrinkFloyds.com.
Three Floyds is already opposing one of Floyd’s trademark applications that claims “Alcoholic beverages, except beer.” The USPTO has refused Floyd’s other trademark application for “Beer-based coolers” based on a likelihood of confusion with Three Floyds’ registered trademarks.
The Complaint (below) spotlights several poor consumer reviews of the Defendants’ spiked beverages, but doesn’t mention any instances of actual consumer confusion.
Stay tuned for updates.
Three Floyds Brewing LLC v. Floyd’s Spiked Beverages LLC et al.
Court Case Number: 2:19-cv-00363
File Date: Wednesday, September 25, 2019
Plaintiff: Three Floyds Brewing LLC
Plaintiff Counsel: Glenn A. Rice, Esq., Carter S. Plotkin, Esq. of Funkhouser Vegosen Liebman & Dunn Ltd.
Defendant: Floyd’s Spiked Beverages LLC, Lawrence Trachtenbroit
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: TBD
Complaint:
