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
View original content to download
multimedia:http://www.prnewswire.com/news-releases/future-proof-makes-headway-with-federal-infringement-claim-against-molson-coors-301189566.html
SOURCE Future Proof