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Stateside is Suing Anheuser-Busch Over Alleged Ripoff Can Design
Published:
Victor Fiorillo at Philly Mag has a Tuesday story titled Stateside Sues Anheuser-Busch Over Very Familiar-Looking Drinks:
On Tuesday, Stateside Brands, LLC filed a lawsuit in Philadelphia’s federal court alleging that Anheuser-Busch’s Skimmers product infringes on Stateside’s trademarks related to Surfside. Stateside doesn’t dispute that Anheuser-Busch has the right to market its own brand of vodka-iced tea canned cocktails, a category that Stateside pioneered with Surfside. It is the design elements of Skimmers that Stateside maintains violate the law.
Looking through the complaint, this is described as a civil action “for trade dress infringement and unfair competition” under U.S. patent and trademark law.
Stateside attorneys use a number of side-by-side photo comparisons where they allege that the cans look the same:
Stateside’s argument is that Anheuser copied the color-shifting bands with the white background and sun design. They claim that their design stands out from the crowd and is recognizable from up close and afar, making it a “unique source indicator.” It’s argued a little further into the document that part of Surfside’s commercial success and overall popularity is because this design is highly identifiable.
This paragraph more or less sums up the complaint and sought relief:
Anheuser-Busch could have selected from a vast universe of design elements to create a can that stood on its own. Instead, it opted to mimic Stateside and freeride off its popular and successful SURFSIDE design, product, reputation, and goodwill to gain an unfair marketplace boost—at the expense of both Stateside and consumers alike. Stateside therefore seeks to enjoin Anheuser-Busch’s unauthorized use of Stateside’s SURFSIDE trade dress and to recover actual damages, Anheuser-Busch’s profits, and other relief, including costs and attorneys’ fees.
Stateside is being represented by Susan Valinis of the law firm REILLY, MCDEVITT, AND HENRICH, PC.
EDIT – here’s a good breakdown from an expert:
Kevin has been writing about Philadelphia sports since 2009. He spent seven years in the CBS 3 sports department and started with the Union during the team's 2010 inaugural season. He went to the academic powerhouses of Boyertown High School and West Virginia University. email - k.kinkead@sportradar.com