Death Wish Coffee is back in the news. Following a 2023 lawsuit in which Death Wish claimed infringement against a roastery called Death Before Decaf, the Saratoga Springs, Modern York-based brand has filed a trademark lawsuit against fellow schtick peddlers at Liquid deathwho they believe are launching a coffee line that would mislead consumers.
As reported FoodbevDeath Wish filed a lawsuit in federal court in California to “prevent Liquid Death from marketing a modern line of coffee products that Death Wish claims infringes its recognized ‘Death’ trademarks.” They argue that products like “Deathuccino,” which the lawsuit claims is one of Liquid Death’s proposed modern lines, would ultimately confuse consumers and dilute the brand’s identity.
The lawsuit also alleges that both brands have “nearly identical aesthetics,” which I guess is a judgment call. To me, it sounds a bit like your 90-year-old great-grandmother not being able to tell the difference between Medicine and a blackened post-rock band Deaf sky (because they both sound spooky), but that’s just my opinion, not a statement of fact. (Please don’t sue us.)
In response Liquid Death hit Instagram state that they have “no real plans to bring the coffee to market,” while also taking the opportunity to advertise a soon-to-be-launched line of energy drinks. They also took a shot at Death Wish, sharing its name with a long-established heavy music record label.
There has to be a word for this type of thing. Where two private equity-funded CPG beverage brands engage in a legal version of a brawl over the ownership (and associated marketability) of Death itself. What do you call it when all you can do is roll your eyes as the lightweight goes out forever? This is the one I’m looking for.
