(Photo: New Holland Brewing Company)
Michigan's New Holland Brewing Company is going up to bat against one of the biggest names in ultra-premium tequila over the disputed use of "Dragon" in its branding.
On Thursday, New Holland filed a declaratory judgment against Casa Dragones, a Mexican tequila producer attempting to cancel the trademark of Holland's beer and spirits brand Dragon's Milk. Best known for its range of beers and bourbons, Dragon's Milk was initially targeted with a suit from Casa Dragones for causing "undue confusion" in the marketplace.
Casa Dragones' luxury tequila catalog has been a common sight on liquor store shelves over the past decade, raking in high-profile co-signs from Oprah and The New York Times. Unlike Dragon's Milk — which derives its name from the fantasy creature — Casa Dragones is named in honor of the Dragones cavalry unit that fought in the Mexican War of Independence.
[caption id="attachment_66258" align="aligncenter" width="600"] (Photo: Casa Dragones)[/caption]
In its filing, Dragon's Milk argues that the Casa Dragones brand name is "conceptually" and "commercially" weak. According to the brand, there are over 350 active trademarks in circulation containing the word "Casa" and over 180 containing "Dragon."
New Holland also claims Dragon's Milk has seniority; while the brewery has been using the brand name since 2001, Casa Dragones wasn't released in the U.S. until 2009. The brewery's silhouette dragon logo — distinct from Casa Dragones' golden eagle logo — has been in use since 2002.
"Even if the parties’ use of their respective marks were likely to cause confusion, because Plaintiff has priority of use, any such likelihood of confusion would result in a restriction on Defendant’s ability to use its CASA DRAGONES Marks, not a restriction on Plaintiff’s ability to use its DRAGON’S MILK Marks," lawyers for Dragon's Milk said in court.
If the court finds that there is a likelihood of confusion between the two brands, lawyers have requested that Casa Dragones stop selling spirits in markets where Dragon's Milk has been available prior to 2009.
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(Photo: Casa Dragones)[/caption]
In its filing, Dragon's Milk argues that the Casa Dragones brand name is "conceptually" and "commercially" weak. According to the brand, there are over 350 active trademarks in circulation containing the word "Casa" and over 180 containing "Dragon."
New Holland also claims Dragon's Milk has seniority; while the brewery has been using the brand name since 2001, Casa Dragones wasn't released in the U.S. until 2009. The brewery's silhouette dragon logo — distinct from Casa Dragones' golden eagle logo — has been in use since 2002.