Another Happy Ending

Submitted by patentadmin on Fri, 08/27/2010 - 15:49

A few weeks ago, we wrote about a legal battle between bourbon and tequila. Today we are writing about a legal battle between two vodkas. Who says courtroom proceedings are boring and dry? (Zodiac Spirits Inc. et al. v. Moet Hennessy USA Inc. et al.)

Back in 2007, Zodiac sued Moet, distributors of Belvedere brand vodka, for false advertising and unfair competition, when Moet described its product as “the world’s only luxury potato vodka” and “the first and only luxury potato vodka in the world.” The parties settled their dispute in June of that year.

This year, Zodiac sued Moet, alleging infringement of its registered trademark, “Naturally Smooth.” Zodiac claimed that Moet’s use of this term in its advertising would “… cause significant consumer confusion among purchasers …” This, of course, would be especially likely among those purchasers who had already sampled the goods. Apparently for this reason, Zodiac not only sought a permanent injunction barring further use of “Naturally Smooth” by Moet, but also demanded that the court order Moet to destroy all infringing advertising materials.

Well, vodka drinkers, rest easy. This tempest in a booze bottle has been amicably resolved. The parties shook hands, exchanged samples and went home. Terms of the settlement were not disclosed.

Add new comment