JL Beverage Co. v. Jim Beam Brands Co.

JL Beverage Company, LLC (JL Beverage) appeals from the district court’s summary judgment in favor of Jim Beam Brands Company (Jim Beam) on JL Beverage’s trademark infringement, false designation of origin, and unfair competition claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because genuine issues of material fact remain, we reverse and remand for further proceedings consistent with this opinion.

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I.

This dispute centers on two alcoholic beverage manufacturers, JL Beverage and Jim Beam, which sell competing lines of flavored vodkas. JL Beverage manufactures, sells, and promotes a line of flavored and unflavored vodka called “Johnny Love Vodka.” Restaurant owner and bartender Johnny Metheny created the Johnny Love line of vodkas around 2003-2004. To promote the new line, Metheny enlisted a friend to design a unique logo, and Methe-ny quickly adopted the proposed lips image. He believed the lips were “definitely sexy” and could “impart the flavor” of the vodka if colored to denote the flavor in the bottle of vodka. The lips were colored red for unflavored, purple for passionfruit, yellow for aloha, orange for tangerine, and green for apple. In…