Recently, my friend went to the liquor store to buy another friend a very nice (and expensive) bottle of Clase Azul tequila for his birthday. My friend doesn’t speak much English, so he confidently walked up to the counter and, with his best attempt, asked for "Clase Azul." But his Spanish isn’t the best, and the clerk handed him a bottle of Casa Azul instead.
When my friend noticed the bottle was half the price, he was surprised and mentioned it to me. That’s when I realized: this is consumer confusion in action! I then looked into it and found out that Clase Azul recently lost a trademark battle against Casa Azul, backed by Travis Kelce, despite their similar names.
Here’s the quick breakdown of the case: Casa Azul has had a registered trademark for wine since May 2008 and has been selling alcoholic beverages since 2007. Clase Azul entered the market with alcoholic beverages in 2003 and did not get their registration until March 2008. While Casa Azul didn’t file for a trademark specifically for alcoholic beverages until 2018 (which Clase Azul did NOT contest), the two brands have coexisted for 17 years without significant issues. In a recent lawsuit, Clase Azul claimed that Casa Azul’s name caused confusion among consumers. However, the court ruled in favor of Casa Azul, finding no significant consumer confusion, citing differences in price, packaging, the products target different audiences, and that one tequila uses additives while the other is organic.
Summary: The judge said there was no consumer confusion, but based on my friend's experience, I think he’d make a great star witness for Clase Azul!
Have you ever had a mixup like this while shopping?
#TrademarkLaw #IntellectualProperty #TravisKelce #ClaseAzul #StartupLaw #TrademarkDispute #TrademarkAttorney #ProtectYourBrand