The week in pictures

(Photo: Wiki)

This week, in Celebrity Drinks Furores, a US appeals court upheld a ruling against Tequila brand KAH that it infringed on the rights of actor Dan Aykroyd’s Crystal Head vodka.

However, the court rejected the producer’s request for further damages, this is the second time the case was brought forward by the Blues Brothers star and his production partner firm, Globefill.

Both spirits come in a skull-shaped bottle – one glass, one ceramic – but in 2017 a judge ruled that Elements Spirits Inc and its founder Kimi Brandi had designed the bottle to confuse consumers into thinking it was made by or affiliated with Crystal Head.

The judge ordered that Elements and its founder, Kim Brandi, pay US$871,536.86 in profits stemming from the infringement. However shortly after the ruling, Globefill launched a second lawsuit claiming that it was owed further damages, this, they decided wasn’t justified.

“The district court properly concluded that Elements’ earnings equaled 8% of gross sales of KAH Tequila (or $871,536.86) based on a 2010 Trademark Assignment and Royalty Agreement (TARA) between Elements and non-party Finos,” it said.

“None of Globefill’s arguments to the contrary is persuasive.

 

 

 

 

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