Facts

Globefill Inc., a Canadian corporation, is the owner of Crystal Head Vodka, which it has promoted and sold in the United States since 2008. Crystal Head Vodka is packaged in a transparent, skull-shaped bottle. The Crystal Head bottle design is a registered trade dress with the U.S. Patent and Trademark Office.

In 2010, defendant Elements Spirits began marketing KAH Tequila, a spirit packaged in a hand-painted bottle in the shape of a Day-of-the-Dead calavera skull. Defendant Kim Brandi was the original developer of the KAH bottle and founding Chief Executive Officer of Elements.

PLAINTIFF'S CONTENTIONS:
Globefill alleged that the KAH Tequila bottle design used similar packaging to the Crystal Head bottle, resulting in consumer confusion, and that KAH's marketing efforts were aimed at furthering that confusion by referencing the purity of water used in the product, touting the filtration process, and marketing the product in a similar manner as that used by Globefill.

Globefill sued Brandi and Elements for Unfair Competition and False Designation of Origin under the Lanham Act, claiming that KAH Tequila's packaging would create consumer confusion as to the source of the product.

DEFENDANTS' CONTENTIONS:
Defendants alleged that the KAH design was independently developed by Brandi; that the bottles are not so similar as to cause consumer confusion; and the marketing methods used by KAH were not unique to Globefill.

Result

The jury ruled in favor of defendants Brandi and Elements.

Deliberation

five hours

Length

six days