Beverage Company Sues Anheuser-Busch Over Totally Different Looking Can Design
from the that's-infringing?!? dept
Scott alerts us to the bizarre lawsuit filed by United Brands, makers of the "Dragon Joose" malt beverage, filed against Anheuser-Busch for its Tilt malt beverage, arguing that the new design of Tilt's cans represents trademark infringement, copyright infringement and unfair competition among other things. The company put out this statement:"While we are flattered that Anheuser-Busch recognizes the considerable value of the Joose brand, it is disappointing that they have resorted to stealing our design," says Michael Michail, CEO and president of United Brands. "Their new Tilt product design intentionally infringes on our Dragon Joose Marks and is thereby benefiting from the brand equity of United Brands and its products."Based on that, you'd have to think the two cans look pretty damn similar, right? Well, take a look:
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: copyright, dragon joose, lawsuits, malt beverages, tilt, trademark
Companies: anheuser-busch, united brands
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
[ link to this | view in chronology ]
they may be right...
Well, they both have dragons... :-/
[ link to this | view in chronology ]
Re: they may be right...
Well then shouldn't Drexel University sue them both because they have Dragons as a mascot?
[ link to this | view in chronology ]
Huh?
Er, but the designs are totall different....
"Trademark Infringement!"
Er, but the competing company put their name and logo in big bold letters, right there on the can....
"Unfair Competition!"
Okay, you know what? Come here so I can slap you....
[ link to this | view in chronology ]
Re: Huh?
[ link to this | view in chronology ]
Re: Re: Huh?
[ link to this | view in chronology ]
Re: Re: Huh?
[ link to this | view in chronology ]
I dunno..
[ link to this | view in chronology ]
Re: I dunno..
Now, my guess is that they wouldn't be anywhere near each other. The big distributors usually don't get crowded together, and get plenty of space. Plus, in many cases, the distributor is nearly (if not totally) in charge of their display area.
[ link to this | view in chronology ]
Re: Re: I dunno..
[ link to this | view in chronology ]
Re: I dunno..
The design and style look very similar to my eyes. Also the double meaning of "tilt" implies that if you tilt the words 90 degrees you are looking at the other can.
[ link to this | view in chronology ]
Re: I dunno..
[ link to this | view in chronology ]
Re: Re: I dunno..
The applicable "trademark" claim here would be a trade dress infringement claim, which can cover "general design 'style'".
Also, it doesn't matter if the style has been around for a long time or not. The word "shell" has been around a long time, but it's still a valid trademark for gasoline because people associate it with a single source.
Similarly, if people associate this particular design style with a single drink provider, they might have valid trade dress rights.
Of course, if lots of drink providers use this similar design, their rights may be weak (or maybe even nonexistant if nobody associates it with a single provider).
[ link to this | view in chronology ]
Re: I dunno..
AB could have chosen an infinite number of animals or designs, yet they chose a dragon and a tribal design, which is exactly what Joose chose. But of course, having literally an infinite number of possibilities, Mike finds zero commonality between the two cans - why, cause they aren't COMPLETELY identical? No shit, but nothing can satisfy Mike's ego to not be wrong.
[ link to this | view in chronology ]
Re: Re: I dunno..
[ link to this | view in chronology ]
Re: I dunno..
[ link to this | view in chronology ]
Re: I dunno..
The font is different, the dragon is different, the color is different, the layout is different, and yet, they both raise the same impressions from me. They both evoke mental pictures of knights, fighting, and dragons. I see these cans as cousins. I can understand why United Brands is upset, but I do not think their claim is valid. It is kind of like comparing the cartons of different brands of eggnog. They are all similar, but not identical.
I believe Anheuser-Busch did copy them, (in the dragon, knight, slaying theme,) but did it well enough to legally succeed.
[ link to this | view in chronology ]
Re: I dunno..
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Here's the rub
making UB is nervous. Well too friggin' bad.
[ link to this | view in chronology ]
eh...
http://beveragetitans.com/?p=127 (Tilt)
http://www.deathwishindustries.com/home/What%20Is%20Best/Best%20Alcohol%20and%20Guns/Joose %20and%20Four%20Maxed.gif
(Joose)
there are similarities but not enough to say its infringing IMHO
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Design follows trends: it's inspired by previous work and influences following work. It's not created in vacuo, and is much better, in terms of both aesthetics and usability, as a result. (None of this is news to anyone who reads Techdirt of course.)
As a side note, I would have thought that Telegraph Media Group and DC Comics (Batman) would have much stronger claims against Anheuser-Busch...
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
I'm incensed, outraged and flabbergasted!
How dare Anheuser-Busch use colors, fonts, dragons, and a can! Think of how many colorblind, illiterate, cylindrical shape susceptible and non-functioning taste bud customers will be confused by this dastardly deed perpetrated by a maniacal megalomaniac conglomerate?
What I imagine to be some the first statements in the opening argument by United Brands lawyers.
[ link to this | view in chronology ]
The text is vertical on the Dragon Joose line and the text is horizontal on the Tilt line. The Dragon Joose cans all have a black background with a highlight color for decoration and the Tilt cans have the highlight color as the background color and black only for the background of the main product name area.
It just looks like a result of both companies marketing to the same sub-cultures.
[ link to this | view in chronology ]
Um, yes, yes it does...
In this case, of course those two cans look alike... and I'm not just talking about that they both have a dragon on them. The tramp stamp style line work around the product name, the fonts, the damn size... Just like someone else on here said, if I saw those on the shelf, I'd think they were from the same company.
That said, does that mean it's a TM or Copyright infringement? Maybe, maybe not... but that's for the court to decide.
I know, you don't get to be funny if you don't blow it out of proportion, but damn... ease up....
[ link to this | view in chronology ]
Re: Um, yes, yes it does...
If those two cans look alike, you can argue that Coke and Pepsi infringe on each other too. After all, both used to use similar gothic logos. And -- oh my! -- the cans are the same size!
I don't buy it. Similar style, but with *very* different colors, graphics and fonts, is not infringing.
[ link to this | view in chronology ]
Re: Re: Um, yes, yes it does...
[ link to this | view in chronology ]
Re: Re: Um, yes, yes it does...
Again, is that really infringement? Who knows, ask actual consumers. In this case, doubtful because AB can steal market share with ad dollars rather than cheap tricks.
[ link to this | view in chronology ]
Re: Re: Um, yes, yes it does...
[ link to this | view in chronology ]
Re: Um, yes, yes it does...
[ link to this | view in chronology ]
Any press is good press
[ link to this | view in chronology ]
choice of the UFC generation
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Budweiser is the Microsoft of the beverage industry.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
In a hurry
If the plaintiff here had a product that was being sold and now they've lost their market b/c A-B is competing, well that really does suck for them, but I doubt they'll have much recourse. Maybe they just need to lower their prices?
Query, however, if a brand other than Arizona started marketing iced tea in tall cans with South Western, Navajo style graphics I am sure that the Arizona iced tea company would go after them with everything they've got and probably win.
(Without opining as to whether or not it should be this way,) why can a large, established brand use IP laws to squash competing start-ups that are trying to hitch a ride on the existing company's "style" but a small company can't do the same when the large established company borrows from their styling?
[ link to this | view in chronology ]
Re: In a hurry
A small company can do that very thing. Of course, if you're talking about a *really* small company, they might not be able to afford lawyers, but smallish companies get settlements out of big behemoths all the time based on IP laws.
[ link to this | view in chronology ]
"I have to admit, that I'm at a loss."
But you see none of that Mike, because you are at a loss..
What do you see ? are you even looking at the same pictures ?
Ofcourse, its a standard IQ test question and indication of your intelligence to be able to see common patterns, and pick similarities, such as like designs.
If you do not have that ability, that is a problem for you, but because you cannot see what is clearly there, does not mean that it is not there at all. Just that you cant comprehend it..
Thats ok, we've come to expect little more from you, this is just interesting to guage your level of observation.
Seems there are quite a few people here that can see what you cannot.
Its ok Mike, if you cannot see they are similar, then you can just be happy in ignorance I suppose..
[ link to this | view in chronology ]
Re: "I have to admit, that I'm at a loss."
[ link to this | view in chronology ]
Re: Re: "I have to admit, that I'm at a loss."
"Copyright Infringement!"
Er, but the designs are totall different....
[ link to this | view in chronology ]
Re: Re: "I have to admit, that I'm at a loss."
[ link to this | view in chronology ]
Re: Re: Re: "I have to admit, that I'm at a loss."
If you pay attention through class, and have enough intelligence, then you know how to properly make your sentences, and why it is important.
So we are left to assume that either D is unintelligent or dropped out of school before they began teaching grammar. Which would probably, but not in all cases, mean he is unintelligent anyways.
[ link to this | view in chronology ]
Re: Re: Re: Re: "I have to admit, that I'm at a loss."
[ link to this | view in chronology ]
Re: Re: Re: Re: "I have to admit, that I'm at a loss."
So we are left to assume that either D is unintelligent or dropped out of school before they began teaching grammar.
Maybe he just doesn't care.
[ link to this | view in chronology ]
Re: "I have to admit, that I'm at a loss."
[ link to this | view in chronology ]
Why are your responses all personal attacks?
One thing I see from you a lot is that your posts are personal attacks on the author and other posters. "...and indication of your intelligence..." "...we've come to expect little more from you..." "...then you can just be happy in ignorance..."
Why don't you stay focused on the subject matter and leave the personal insults out of it? I don't agree with everything he says, but I take it for what it is, an opportunity to discuss the subject with others.
I love to debate things, but if I was in a social setting discussing things with a group of people and you carried on like that, I, and probably most everyone else, would get up and walk away from you. You have become that guy that everyone says, "I hate that guy!" about.
If you hate Mike so much, why do you read this forum? Are you his arch-nemesis? Seriously!
[ link to this | view in chronology ]
Does anyone see their kids growing up, going to the grocery store, and getting irate with the manager because they can't find, "apel joose?" Have these people seriously NOT seen Idiocracy? I hope they all get sick and then get lost on the way to the, "St. God's Hospi-
t
a
l" next door because their smartphone GPS is malfunctioning.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
hmmm...
[ link to this | view in chronology ]
Hmmm. When I put it like that it doesn't sound so bad, does it?
[ link to this | view in chronology ]
Re: put it that way...
Thanks, I got a chuckle out of it.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Is just ridiculous but they throw everything on the wall to see what sticks. Hopefully nothing in this case as it is clear that there is no infringement here.
Still who knows, in some courts this may fly.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
copyright and other corporate lawsuits
[ link to this | view in chronology ]
As an Expert Witness...
However, Tilt's design not only has a stronger "gothic" influence, it is also reminicent of a coat of arms. Joose has a tribal dragon motif holding a sign. There is also a sizable difference in color between cyan and violet. So while there are stylistic similarities, the actual design is completly different.
It is similar in style from various energy drinks.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
I can't imagine how it would look to a moron in a hurry, as these drinks are specifically marketed to morons in a hurry, and as such, not something I'm interested in.
[ link to this | view in chronology ]