Future Proof Makes Headway with Federal Infringement Claim Against Molson Coors

Rhea-AI Summary

Future Proof Brands has made significant progress in their federal trademark infringement case against Molson Coors over similarities between their Brizzy hard seltzer and Vizzy, a competing product. The Fifth Circuit validated Future Proof's trademark and allowed the case to advance to the discovery phase. Future Proof aims to demonstrate market confusion caused by Vizzy's launch. The company, known for its BeatBox beverages, has received accolades for rapid growth and innovation in the beverage sector.

Positive

• The Fifth Circuit validated Future Proof's Brizzy trademark, allowing the case to proceed.
• Future Proof intends to prove actual market confusion in the discovery phase.
• The company has been recognized as one of Inc. Magazine's Top 5000 Fast-Growing Privately Owned Companies in America.

Negative

• None.

AUSTIN, Texas, Dec. 9, 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. 

Future Proof Makes Headway with Federal Infringement Claim Against Molson Coors

Despite not granting the requested injunction, The Fifth Circuit confirmed 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. 

Because the Fifth Circuit's decision rejects Molson Coors's primary challenge to Future Proof's mark in this case, it paves the way for the lawsuit against Molson Coors to 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. 

"We are extremely pleased with the Fifth Circuit's decision that completely rejects Molson Coors's primary challenge to our trademark. We have already seen so much confusion in the market, and we are quite confident in winning our lawsuit to protect our brand," said Justin Fenchel, Co-Founder and CEO of Future Proof. "Molson Coors has proven time and time again they will use their size and resources against small businesses and we refuse to let that happen to us."

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 is Future Proof's legal action against Molson Coors regarding TAP?

Future Proof Brands is pursuing a federal trademark infringement case against Molson Coors for launching a competing product, Vizzy, that allegedly causes market confusion with their Brizzy hard seltzer.

What decision did the Fifth Circuit make regarding Future Proof's trademark?

The Fifth Circuit confirmed the validity of Future Proof's Brizzy trademark, allowing the infringement case against Molson Coors to continue.

What does Future Proof aim to prove in their lawsuit against TAP?

Future Proof intends to demonstrate actual market confusion due to the launch of Molson Coors' Vizzy hard seltzer.

How has Future Proof been recognized in the beverage industry?

Future Proof Brands has been listed as one of Inc. Magazine's Top 5000 Fast-Growing Privately Owned Companies in America.