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,
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
"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.
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SOURCE Future Proof