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Do Alcoholic Beverages named BRIZZY and VIZZY make you DIZZY? USA December 15 2020 Would you be likely to be confused as to the sources of hard seltzers named BRIZZY and VIZZY, at least before you get a buzz on? THE CASE Hard seltzers have soared in popularity in the United States. The two best-selling brands, WHITE CLAW and TRULY, sold over 64 million cases in 2019! Joining that growing trend, Future Proof Brands, L.L.C. (“Future Proof”) adopted and registered the mark BRIZZY for its “seltzer cocktail.” Thereafter, its competitor, Molson Coors Beverage Company (“Coors”), chose VI...

Battling Bubbles: Beverage Behemoth Coors Defeats Upstart Future Proof’s Motion for a Preliminary Injunction USA December 13 2020 A recent decision highlighted some of the evidentiary challenges in seeking preliminary injunctions, and provided guideposts to overcome those challenges. In Future Proof Brands, L.L.C. v. Molson Coors Bev. Co.,[1] the Court of Appeals for the Fifth Circuit affirmed the district court’s[2] denial of a motion for a preliminary injunction on a trademark infringement claim. In this David and Goliath beverage story, Future Proof, L.L.C. (“Future Proof”) sue...