US vodka producer Timeless Spirits and Drinks has filed a case in Texas against Bacardi for an alleged trademark infringement.
The suit filed at Houston District Court claims the rum, Bombay Sapphire gin and Grey Goose vodka owner has committed infringement, accusing it of unfair competition and trademark dilution.
Timeless Spirits has owned the registered trademark “Timeless Vodka Moments Matter, Make Them Timeless” since November 2020.
In the filing, Timeless Spirits claimed Bacardi became aware of the slogan a month later. Amber Ferrell-Steele, Timeless Spirits’ owner, applied for a grant from Bacardi in December 2020 and in the application “expressed the important of the ‘Moments Matter’ verbiage.”
Ferrell-Steele’s grant application to Bacardi was rejected.
The suit says that, in November 2021, Bacardi filed an application to trademark the slogan “Make Moments Matter”, only for Timeless Spirits to send cease and desist letter in July 2022 over its use of the phrase in social media channels and in advertising.
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By GlobalDataTimeless Spirits then filed an opposition to Bacardi’s trademark application over its likelihood to cause confusion. The spirits giant withdrew its application in 2023.
“Bacardi’s unauthorised and intentional use of the infringing mark has caused, and
will continue to cause, Timeless to suffer irreparable damages, including damage to business, reputation, and goodwill, which has and will continue to result in Timeless sustaining loss of revenue and profits,” Timeless Spirits said in the filing.
Timeless Spirits is seeking monetary relief and an order to prevent Bacardi from using the slogan.
Bacardi did not respond to Just Drinks‘ request for comment.
Timeless Spirits says in the filing has sold over 26,000 bottles of its vodka, all bearing the registered trademark.
Bermuda-headquartered Bacardi owns various rums brands, Grey Goose and Eristoff vodkas, Patron tequila, Dewar’s Scotch and Martini vermouth.
