According to the lawsuit, Kendall Jenner’s brand, which is owned by Austin-based Tequila 512, has copied the company’s “clearly identifiable” logo and color scheme, and as a result, has been sued by 512’s owners.
Jenner will debut 818 Tequila in May of 2021, according to reports. Tequila 512, which is distributed by ClipBandits, LLC, was quick to point out the visual similarities between the two brands at the time.
According to the lawsuit, 512 has been selling its tequila “under a very identifiable brand and color scheme that has been in place since 2015” since the beginning of 2015. The company claims that it has a federal trademark registration for the number 512, as well as a pending application for registration of its trade dress, among other things.
It further claims that “from of the full world of colors and shapes to choose from for product design, Defendant selected to imitate Plaintiff’s distinctive black text within a vertical yellow rectangle” as part of its product design.
Although the lawsuit claims that 818 “blatantly” duplicates 512’s branding, it also points out how similar the names are, with 818 serving as both a city and a telephone area code.
K & Soda, LLC owns 512 claims 818, which deceives and confuses people into believing it is affiliated with the Austin brand by engaging in all of these deceits and confusion. Additionally, 818 sells for roughly twice the price of 512.
The lawsuit refers to an incident that occurred in May 2021, in which the brands were allegedly confused. Instead of an image of 818 Tequila, a picture of Tequila 512 was used to sell the virtual product, which could be purchased within the “Kim Kardashian: Hollywood” mobile game (Jenner and Kardashian are sisters).
It is claimed in the case that “either Defendant purposely used Plaintiff’s bottle in the hopes of further blurring the borders between the two items, or Defendant was itself confused about the difference between the two products.”
It is 512’s request that the court imposes an injunction prohibiting 818 from being its alleged infringing trademarks on its products, packaging, website, and marketing materials. ClipBandits, LLC is also requesting monetary remedies from the court.
The case was filed Wednesday in the Central District of California, which is part of the United States District Court system.
KXAN has reached out to 818 Tequila to inquire about their response to the lawsuit. KXAN did not receive a response, but a representative for the corporation responded to TMZ, saying, “We are evaluating the complaint and believe the allegations are without foundation.”
