Court Denies Molson Coors Motion to Dismiss Future Proof Federal Infringement Claim

Rhea-AI Summary

Future Proof Brands has achieved a legal victory as the District Court for the Western District of Texas denied Molson Coors' motion to dismiss the trademark infringement claim regarding Brizzy, Future Proof's hard seltzer. This ruling allows the lawsuit to proceed into the discovery phase, where Future Proof aims to investigate market confusion caused by Molson Coors' competing product, Vizzy. The company, recognized for its rapid growth and innovative products, continues to pursue legal action to protect its brand.

Positive

• Court ruling allows Future Proof to proceed with its trademark infringement lawsuit against Molson Coors.
• Future Proof's trademark for Brizzy was confirmed by the Fifth Circuit, reinforcing its market position.
• The ongoing legal case positions Future Proof strongly for potential success in protecting its brand.

Negative

• None.

AUSTIN, Texas, Dec. 16, 2020 /PRNewswire/ -- Future Proof Brands LLC, creators of BeatBox Beverages - the World's Tastiest Portable Party Punch™, with whom introduced their Brizzy^® premium hard seltzer in 2019, previously filed litigation in an Austin federal court in February of 2020, charging that Molson Coors (NYSE: TAP) infringed on Brizzy's federally registered trademark, creating market confusion through the industry giant's launch of a competing product, Vizzy. 

Court Denies Molson Coors Motion to Dismiss Future Proof Federal Infringement Claim.

Following the most recent announcement regarding the Fifth Circuit confirmation of the validity of Future Proof's Brizzy trademark, which is something that the United States Patent and Trademark had already done in issuing their registration last year, the District Court for the Western District of Texas has since come back denying Molson Coors' motion to dismiss.   

The latest ruling helps to even further pave the way for the lawsuit against Molson Coors to now proceed through the discovery phase, where Future Proof intends to fully explore the actual confusion that has been occurring in the market following the release of Vizzy, and finally to a full trial on the merits.  

Jeff Cuban, Future Proof Board Member and COO of Mark Cuban Companies Entertainment Properties notes, "The impact of the market confusion was immediate and devastating. Such disregard demanded then and now that we fight back, not just for the Brizzy brand but for those that might face the same treatment from a market dominant brand with the clout of a Molson Coors." 

"We are continually pleased with the direction as to which this ongoing case is going for Future Proof," said Justin Fenchel, Co-Founder and CEO of Future Proof. "The most recent ruling put us in an even stronger position than before, and we are confident in our ability to win our lawsuit to help continue to protect our brand."

Future Proof also makes the BeatBox line of alcoholic party punches, which gained national recognition in 2014 when the company gained a $1 million investment from Mark Cuban on ABC's Shark Tank program. Future Proof, recently awarded one of Inc. Magazine's Top 5000 Fast-Growing Privately Owned Companies in America, is a disruptor in the beverage alcohol market that provides innovative solutions that drive incremental profit in high-growth categories, having also been named the fastest-selling and fastest-growing single serve wine product in the US via Nielsen.

Future Proof is represented in the case by Christopher J. Schwegmann and Kent Krabill of Lynn Pinker Cox & Hurst LLP in Dallas.

About Future Proof

United through a love of music and inspired by the entrepreneurial spirit of Austin, Texas, the founders of Future Proof (formerly BeatBox Beverages) set out to create something that could help everyone #PartyBetter. One year later, they made Shark Tank, walking away with the biggest investment the show had made at that time, $1million from Mark Cuban. Later adding on a team of industry veterans from Austin Eastciders, InBev, MillerCoors, Deep Eddy, and Tito's Handmade Vodka, to name a few – who know how to develop, launch, and quickly grow authentic brands. Now boasting a portfolio of brands, and a roster of investors including Mark Cuban, Rob Dyrdek as well as DJs Party Favor, Louis The Child, Good Times Ahead, and many others, Future Proof's reputation is secured as a company that creates products that drive incremental profit in high-growth categories with specific expertise in the Millennial target.

For more information, please visit www.futureprf.com or check out our LinkedIn.

Press Contact:
Taylor Foxman-Weiner
Taylor@TheIndustryCollective.org
609-432-2237

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SOURCE Future Proof

FAQ

What was the recent court ruling regarding Molson Coors and Future Proof Brands?

The court denied Molson Coors' motion to dismiss Future Proof's trademark infringement claim, allowing the lawsuit to proceed.

What is the basis of Future Proof's lawsuit against Molson Coors?

Future Proof alleges that Molson Coors' Vizzy product infringes on its Brizzy trademark, causing market confusion.

When did Future Proof file the trademark infringement claim against Molson Coors?

Future Proof filed the claim in February 2020.

What are the next steps for Future Proof after the court ruling?

Future Proof plans to enter the discovery phase to explore market confusion and proceed to trial.

How has Future Proof been recognized in the industry?

Future Proof was ranked among Inc. Magazine's Top 5000 Fast-Growing Privately Owned Companies in America.