Ken Parker in the Daily Journal: Trademark Battle Over Skull-Shaped Liquor Bottle Ends in Defense


Lawyers representing the maker of Crystal Head Vodka, a liquor backed by former Saturday Night Live principal and Hollywood comedy luminary Dan Aykroyd, failed to convince a jury that the maker of Kah Day of Dead Tequila – which also bottles its product in a skull-shaped receptacle – infringed upon their client’s signature bottle.

The three-week trial in front of U.S. District Court Judge Consuelo B. Marshall ended Tuesday with a jury verdict denying Crystal Head parent company Globofill Inc.’s request for a permanent injunction stopping Element Inc.’s Kah tequila from being sold in skull bottles...

“It’s very unusual for these cases to go to trial, mainly because they’re expensive and difficult to prove,” said Kenneth G. Parker, co-leader of Haynes and Boone, LLP’s Intellectual Property Litigation Practice Group, who isn’t involved in the case. “Usually one side acquiesces.”

Excerpted from the Daily Journal, December 13, 2013. To view full article, click here (subscription required).

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