Preliminary Injunction Against RM Client Molson Coors is Denied; Now Pending Appeal

Pete Marketos and Brett Rosenthal, alongside counsel from Crowell & Moring LLP, successfully defended Molson Coors in a lawsuit seeking to stop the beverage company from marketing and selling “Vizzy,” a new hard seltzer product. Future Proof sells a hard seltzer product called “Brizzy” and claims the similar names cause consumer confusion. The judge denied Future Proof’s request for a preliminary injunction, reasoning that the seltzers are inspired by the generic term “fizzy” and that Future Proof lacked sufficient evidence of customer confusion. Future Proof is now appealing to the Fifth Circuit, asking the court to overturn the ruling.  For more on the ruling, click here.