KAH® Tequila Continues to Be Sold in All Fifty States

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In the ongoing intellectual property dispute between KAH® Tequila and the recently introduced Sangre de Vida Tequila brand, a recent ruling by a United States District Court Judge, denying a preliminary injunction, means the case is now going to be decided at trial and that KAH® Tequila will continue to be sold in all fifty states.

KAH Tequila

The United States District Court Judge Dean Pregerson, in the United States District Court in the Central District of California, Elements Spirits, Inc. et al v Iconic Brands, Inc., case no. 2:15-cv-02692-DDP-AGR, recently found that the intellectual property dispute between Plaintiffs Elements Spirits, Inc., Fabrica de Tequilas Finos, S.A. de C.V., Worldwide Beverage Imports, LLC., and Defendants Kim Brandi and Iconic Brands, Inc., must be decided through a trial on the merits, and should not be decided through a preliminary injunction motion, at this time.

Judge Pregerson also confirmed in his order that Plaintiffs Elements Spirits, Inc., Fabrica de Tequilas Finos, S.A. de C.V., and Worldwide Beverage Imports, LLC., “lay out a prima facie case that they have established a trade right in the calavera bottles” produced under the KAH® brand. KAH® Tequila has been sold in all fifty states and in many other countries and is the recipient of many awards for its product. KAH® Tequila will continue to be sold in all fifty states and abroad and will continue to be one of the most widely recognized brands in the country due to its distinctive and award winning bottles.

Plaintiffs’ Complaint alleges that Kim Brandi breached her obligations under a Binding Agreement under which she provided Elements Spirits, Inc. a “permanent, worldwide, exclusive, royalty-free license” in all copyrights allegedly owned by Brandi relating to skull-shaped bottles and/or the KAH® brand. Plaintiffs allege, amongst other things, that due to this breach, Defendant Brandi and her company, Iconic Brands, Inc. are violating Plaintiffs’ intellectual property rights. Plaintiffs will continue vigorously to pursue all of their claims and will seek an early trial date.

Plaintiffs Elements Spirits, Inc., Fabrica de Tequilas Finos, S.A. de C.V., Worldwide Beverage Imports, LLC (http://www.wbillc.com) are all represented in this matter by Timothy L. Neufeld from Neufeld Marks, a Los Angeles litigation boutique firm. (http://www.neufeldmarks.com)

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Delia Rodriguez

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Neufeld Maks
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