Blog February 14, 2018
Distillations: ALERT: Skull Crushing Victory
- Person title
A unanimous eight-person jury found that Dan Aykroyd's Crystal Head Vodka skull-shaped bottle has been intentionally infringed by Elements Spirits Inc.'s Day of the Dead-inspired skull shaped tequila bottles. Undoubtedly affecting the jury's four hour deliberation was the last minute rebuttal-witness — an individual involved with Element's bottle design — who testified that Elements founder Kimi Brandi had lied to the jury when she denied ever seeing the Crystal Head Vodka bottle, when in fact she had actually asked him to make a plaster cast of the distinctive skull-shaped bottle for her to base her model on.
Although this verdict is a major victory for Aykroyd's company, Globefill Inc., it is not the end of the story. The jury's decision addresses the issue of willful infringement, but the question of lost profits and a permanent injunction will be handled by U.S. District Judge Consuelo Marshall. Worth noting is that this is the second jury trial in this case overseen by Judge Marshall — and that in the first case (2013) the jury found for Elements. The Ninth Circuit vacated the original decision in February 2016, and then Judge Marshall denied Globefill's request for a preliminary injunction barring Elements from selling the skull-shaped bottles of tequila until the second trial. Both the drama and the case are far from over.
Globefill Inc. v. Elements Spirits Inc., case number 2:10-cv-02034, in the U.S. District Court for the Central District of California.
Authors: Nancy Ly, John P. McCormick, Robert M. O’Connell, Jr.
The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.
Blog June 5, 2017
Distillations: Two Ships Passing Not So Quietly in the Night
Blog June 1, 2017
Distillations: Respect Thy Neighbor (on the Shelf)
Article May 2, 2017
USPTO audits go mainstream: prepare for the unexpected | World Trademark Review
Blog March 23, 2017
Distillations: A Toast to Champagne
Blog July 20, 2016
Half-baked Specimens Doom HERBAL ACCESS Application at TTAB
Blog June 17, 2016
"Objective Reasonableness" is a Primary Factor, But Not the Sole Factor, When Determining a Fee Award in a Copyright Case
Article February 17, 2016
Feeling The Burn
Blog February 8, 2016
A Word of Warning for Super Bowl Fans
Blog January 20, 2016
Kirtsaeng Looks to Take Second Bite Out of the Supreme Court Apple
Blog August 30, 2023
Legal Alert: USPTO Warns Trademark Applicants to Beware of Spoofed Calls
Blog March 28, 2023
U.S. Copyright Office Cancels Registration for AI-Generated Art, Issues AI-Related Registration Guidance
Article March 16, 2023
Attorneys Kristen McCallion and Darra Loganzo Co-Author World Trademark Review Article "Could AI Require Platforms to Do More to Prevent Infringement?"
Blog February 10, 2023
Need-to-Knows of the New Copyright Claims Board for Small-Value Copyright Claims
Blog December 12, 2022
Legal Alert: USPTO Updates Deadline to Respond to Trademark Office Actions
Q&A August 22, 2022
Principal Vivian Cheng Featured in Law.com Q&A Series "How I Made Partner"
Article June 16, 2022
Principal Cynthia Walden and Associate Sarah Kelleher Author World Intellectual Property Review Article "Selling the Intangible in Fashion: What Does It...
Blog March 8, 2022
The Basics of TTAB Cancellations
Blog November 9, 2021
The Basics of TTAB Oppositions
Blog October 5, 2021