Molson Coors, that plans to jump on the hard seltzer band wagon in March with its brand Vizzy Hard Seltzer, is facing a lawsuit from Future Proof Brands, the parent company of Brizzy Seltzer Cocktails for alleged trademark infringements. The company claims that the Vizzy Hard Seltzer name “is nearly identical to Brizzy in sight, sound and appearance.”
Future Proof is asking the court to stop Molson Coors from using the Vizzy trademark and to pay a fine of three times the damages outlined in the complaint plus court costs and legal fees.
Future Proof filed a trademark application for Brizzy Seltzer Cocktails in November 2018. The product was launched in the fall of 2019 and is sold at Bangers, H-E-B and other retailers in the states Texas, South Carolina, Georgia and Michigan
"The confusion is pretty much undeniable in our opinion starting with the name Brizzy and Vizzy. They're almost identical. If you look at a picture of the logos, they're pretty much the same fonts, the same styles. It's really incredible," said Justin Fenchel, Co-founder and CEO of Future Proof Brands.
Molson Coors said the U.S. Patent and Trademark Office did not have any objections against its Vizzy trademark and published the application after reviewing the registered trademarks, including the ones owned by Future Proof. In addition, Molson Coors claims that “Vizzy’s packaging is markedly different and offers unique ingredients. We don’t believe consumers will be confused,” the company goes on. “Distributors and retailers alike are thrilled about getting Vizzy on shelves this spring, as we all believe that the brand has strong potential to be a meaningful player in the hard seltzer segment.”