A package deal of Liquid Dying canned water.

New York-based Dying Want Espresso filed a lawsuit this week in opposition to the beverage firm Liquid Dying, alleging trademark infringement associated to yet-to-be-released espresso merchandise.

Liquid Dying, in the meantime, mentioned on social media that it has “no actual plans to launch a espresso.”

In a criticism filed Oct. 7 in U.S. District Court docket for the Central District of California, Western Division, Dying Want Espresso famous that Liquid Dying just lately filed trademark purposes with the USA Patent and Trademark Workplace for a number of espresso or coffee-flavored drinks.

“Upon info and perception, Liquid Dying intends to launch these Infringing Espresso Merchandise in a matter of months, in or round January 2026 or quickly thereafter,” the criticism states.

Whereas exhibiting renderings of Dying Want and potential Liquid Dying cans aspect by aspect, attorneys for Dying Want argue that the deliberate merchandise would confuse shoppers by adopting the dominant aspect of its marks — “DEATH” — and would trigger “extreme and irreparable” hurt if the drinks attain cabinets.

The criticism means that Dying Want Espresso, based in 2012, and Liquid Dying, based in 2019, have “coexisted” thus far as a result of they’ve operated within the “wholly totally different market areas” of espresso and water.

“This coexistence is coming to an finish,” the criticism states. “Flush with funding valuing the corporate at $1.4 billion, Liquid Dying is making ready to invade Dying Want’s market territory and infringe Dying Want’s emblems by promoting DEATH-branded espresso drinks.”

Liquid Dying, which is registered in Delaware however relies in California with nationwide distribution, has not but replied to the go well with in court docket. But the model took to social media to handle the motion, whereas additionally taking the chance to advertise different beverage merchandise. On Instagram and X, Liquid Dying wrote:

@deathwishcoffee and its attorneys have filed a lawsuit in an try and cease Liquid Dying from ever launching our personal model of espresso. BUT we have now no actual plans to truly launch a espresso.🤷‍♂️
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Maybe the executives at Dying Want Espresso are amped up on an excessive amount of caffeine to be this paranoid in regards to the future? Which is why the brand new CEO at Dying Want (Steve Gardiner) could need to think about making an attempt our new better-for-you power drink (coming in January) that has zero sugar, 5 energy, important nutritional vitamins, and a sane stage of caffeine (100mg).⁣
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And whether or not or not we ever go into espresso in the future, we don’t imagine anyone firm can legally personal the phrase DEATH no matter the way it’s used. And since Dying Want publicly filed their lawsuit in opposition to a Liquid Dying product that doesn’t exist, be at liberty to allow them to know on their socials whether or not or not you assist their case. And you’ll want to hearken to a few of the nice bands like @converge on @deathwishinc (the enduring hardcore document label) that has been round for over 25 years, lengthy earlier than the espresso model. ☠️🍆

The escalation to authorized motion and skulls and eggplant emojis comes simply three years after the 2 corporations had been casually ribbing each other on social media.

In 2022, Dying Want tagged Liquid Dying on Twitter (now X) with the caption, “how does it really feel to be the world’s weakest water?” to which Liquid Dying replied, “We’re truly water, not espresso. And with out water, you aren’t espresso both. You’d simply be Dying Want Bean Luggage.”

Within the lawsuit, Dying Want is now in search of preliminary and everlasting injunctions barring Liquid Dying from utilizing any “DEATH-formative” mark for espresso or coffee-related items, in addition to an order blocking trademark registrations and different reduction.

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