Death Wish Coffee Co, a New York-based coffee company, has brought a claim for trade mark infringement in the US against ‘Liquid Death’ following its filing for the trade marks ‘Liquid Death’ and ‘Liquid Deathuccino’ and its entrance into the coffee market.
Liquid Death is known for its canned mountain water products and has an edgy aesthetic which is very similar to that of Death Wish Coffee Co. Death Wish has claimed that its expansion into the coffee space and the creation of a line of coffee-based products, threatens to confuse customers and is therefore a direct threat to their business.
The claim alleges that Liquid Death’s recent filings infringe on its existing ‘Death’ related trade marks and highlights the similarity between the aesthetics of the two brands. The claim also details that whilst the brands have been able to coexist until now despite this similarity due to the difference in their product lines, Liquid Death’s expansion into coffee products creates a danger of confusing customers to believe that the brands are affiliated, or even that Death Wish Coffee products are inferior.
Death Wish sells its canned coffee in major retailers such as Target and Walmart and has expressed concern that Liquid Death canned coffee products could appear on retail shelves, side by side, which due to their similar branding and name, could lead to consumer confusion.
Whilst Death Wish claim that it reached out to Liquid Death prior to taking legal action in an attempt to get Liquid Death to withdraw the trade mark applications, Liquid Death has allegedly expressed that it will be continuing with its plans to launch the coffee line.
It will be interesting to see whether Death Wish Coffee Co will be successful in its claim; it is not only attempting to block Liquid Death’s use of the ‘Death’ related trade marks in relation to coffee products but also seek punitive damages and to recover legal fees.
If you have any questions on the above, or if you need any advice or support in respect of your own intellectual property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
