Johnny Love Vodka Sues Pucker Vodka for Infringement of Distinctive Label

The company that makes Johnny Love Vodka® has filed a trademark infringement suit against the companies making “Pucker Vodka,” alleging that the lip imprint on the Pucker labels is likely to confuse consumers because of its similarity to the registered lip imprint on the plaintiff’s flavored-vodka bottles. JL Beverage Co., LLC v. Fortune Brands, Inc., No. 11-00417 (D. Nev., filed March 18, 2011). According to the complaint, JL Beverage Co. has used the Johnny Love Vodka mark, which incorporates a parted lip imprint as the “o” in the word “Love,” since 2004 and registered it in 2005. The lipstick color apparently varies depending on the vodka’s flavor. Alleging that the defendants recently began promoting and selling a line of flavored vodkas with a label incorporating a “nearly identical” parted lip imprint in varying colors, the plaintiff seeks injunctive relief, an order to recall and destroy all infringing products, an accounting, compensatory and treble damages, interest, costs, and attorney’s fees.