Feb 21, 2022

Keeping up with the Lawsuits

Austin-based label Tequila 512 is allegedly suing Kendall Jenner’s 818 Tequila brand for trade mark infringement, false designation of origin and unfair competition. The lawsuit has been filed at the U.S District Court in the Central District of California.

American model and star of the American reality television show Keeping up with the Kardashians, Kendall Jenner, is the face and part owner of 818 Tequila, which was launched back in 2021 by K & Soda LLC. Tequila 512 allege 818 Tequila is “simply and blatantly” copying its brand.

Tequila 512 argues that the use of “a 3-digit brand name with a central 1” by 818 Tequila is evidence of copying, not to mention the “distinctive black lettering inside a vertical yellow rectangle” adopted by both brands. Tequila 512 filed the word mark “TEQUILA 512” at the United States Patent and Trademark Office (USPTO) back in July 2021, but the brand dates back to 2015.

Jenner’s half-sister, Kim Kardashian, has been named in the suit as it is alleged Kardashian used virtual promotional materials of 818 Tequila on the “Kim Kardashian: Hollywood” mobile app game, but mistakenly used images of the Tequila 512 brand, not the 818 Tequila brand.

In order to be successful in their claim, Tequila 512 must demonstrate priority of use and a likelihood of confusion between the products by consumers. Tequila 512 is seeking compensation on the premise of trade mark infringement and for 818 Tequila to cease use of its branding.

This isn’t the first lawsuit against a member of the Kardashian/ Jenner family this year. Kim Kardashian is amongst a group of celebrities being sued over promotion of an alleged cryptocurrency scheme which caused investors to lose money.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

in: Case Law, Companies, EU/International, Legal News, Trade Marks

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