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:
I have to admit, that I'm at a loss. Okay, there's a (very different) dragon on each can, but the designs are totally different from one another. What, exactly, does United Brands think infringes on their copyright on the original design? I can't see anything that's copied. Same with the trademark. I can't see any likelihood of confusion here. I've seen some pretty bizarre trademark and copyright lawsuits, but I'm at a total loss as to what was infringed on here.

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  1. identicon
    Anonymous Coward, 21 Nov 2010 @ 12:07pm


    As a side note, I would have thought that Telegraph Media Group and DC Comics
    Oooooohh! Yeah! That's EXACTLY the same as the Telegraph "T". Wow... Perhaps we should write to them... get a 3-way bun-fight going. That'd be fun.... 'coz I bet the Telegraph's had that "T" a lot longer than "Joose" has been going... so if A-B are infringing on them then they must de-facto be infrigning on the telegraph too... right?

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