AUSTIN, TX — Future Proof Brands LLC, creators of BeatBox Beverages, 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 infringed on Brizzy's federally registered trademark, creating market confusion through the industry giant's launch of a competing product, Vizzy.
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.