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.
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 our registration last year.
Because the Fifth Circuit’s decision rejects MolsonCoors’s primary challenge to Future Proof’s mark in this case, it paves the way for the lawsuit against MolsonCoors 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 to bully 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.
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.