More Tequila For Everybody!

“After a bench trial,” Judge Rosenthal wrote in this trademark case, “the court finds and concludes that both companies can continue to market their tequila products.” Many tequila brands —over fifty— have the words “Casa” or “Azul” in their name, and neither party ranked anywhere near the top of the market. “Importantly,” the Court observed, “the record shows no evidence that Clase Azul’s sales declined as a result of Casa Azul entering the tequila market.” As a result, the court found and concluded that “because of the dissimilarities between the two brands at issue, as well as other record evidence, the plaintiff fails to establish a likelihood of confusion, and fails to establish trademark infringement, unfair competition, or trademark dilution” and therefore the application for an injunction was denied.