Last week, the maker of White Claw filed a new complaint for trade infringement against the maker of “MIXX,” a forthcoming canned cocktail that will sold in some of the same stores as “MXD,” a line of canned cocktails made by the maker of White Claw. According to the complaint, consumer confusion is particularly likely given the similar names for these products:
Confusion between MIXX and MXD beverages is particularly likely given the similarity between the marks and the intersection of different lines of malt beverages. Indeed, many companies sell malt beverages as well as other alcoholic beverages such as spirits and wine . . . .
Similarly, the same company often sells multiple malt beverage products. For example, as noted above, Mark Anthony sells several lines of flavored malt beverages; similarly, beer and hard seltzer flavored malt beverages both are sold under the Budweiser, Corona, and Michelob brands. Malt beverages (including beers as well as flavored malt beverages such as hard seltzers, ready-to-drink cocktails, hard lemonades and hard teas) are sold in the same convenience stores and other retail outlets.
Consumers seeing cans of MXD cocktail-flavored malt beverages and MIXX cocktail-flavored hard seltzer malt beverages will be confused into believing that the two brands come from, are manufactured by, are sponsored by, or are associated or affiliated with, the same company.
The complaint includes two claims for trademark infringement under the Lanham Act as well as state court claims.
The case is currently pending before Judge Liman.