AUSTIN (KXAN) — Sellers of Austin-based tequila brand Tequila 512 are suing Kendall Jenner’s tequila brand, claiming it rips off 512’s “immediately recognizable” logo and color scheme.
Jenner launched 818 Tequila in May 2021. At the time, Tequila 512, sold by ClipBandits, LLC, was quick to point out the similarities in the brands’ appearance.
The lawsuit says 512 sells its tequila “using a very distinctive logo and color scheme that has been in place since 2015.” The company says it has a federal trademark registration for 512, in addition to a pending application to register its trade dress.
“And of all the colors and shapes to be used in the design of the product, Defendant chose to copy Plaintiff’s distinctive black lettering inside a vertical yellow rectangle,” the lawsuit states.
Not only does the lawsuit claim that 818 “blatantly” copies the trademark of 512, but it also points out how close the names are, with 818 also being an area code.
By doing all of this, 512 Claims 818, owned by K & Soda, LLC, deceives and confuses customers into thinking they are associated with the Austin brand. 818 also sells for almost double the price of 512.
The lawsuit refers to a case in May 2021, where the marks were allegedly mixed up. 818 Tequila was advertised as a virtual product that could be purchased in the “Kim Kardashian: Hollywood” mobile game (Jenner and Kardashian are sisters), but an image of Tequila 512 was used instead.
“Either the defendant intentionally used the plaintiff’s bottle, hoping to further blur the lines between the two products, or the defendant was himself confused as to the difference between the two brands,” the lawsuit states.
512 is asking the court to issue an order restraining 818 from using its allegedly infringing marks on its products, packaging, website and in its marketing. ClipBandits, LLC is also seeking monetary relief.
The lawsuit was filed Wednesday in the U.S. District Court for the Central District of California. KXAN has contacted 818 Tequila to comment on the lawsuit. KXAN did not hear back, but a representative for the company responded to TMZ saying, “We are reviewing the complaint and believe the allegations are without merit.”