Death Wish Coffee is fighting for its brand life in a new lawsuit filed in a United States District Court in Florida.
The New York-based coffee roasting company outlined six complaints against a competing coffee company called Death Hell Coffee in a lawsuit filed last Friday in Florida.
Death Wish is alleging trademark and trade dress violations on both the federal and state levels, while seeking monetary relief, for what it described as “blatant and intentional infringement” of its marks.
Death Wish has grown exponentially since its founding, with signature black packaging, a skull-and-crossbones logo, and audacious marketing claims such as “rebellious by nature” and “world’s strongest coffee.”
In its suit, the company claims Death Hell Coffee has intentionally copied the look of Death Wish Coffee marks, with a packaging and a logo that “mimics those of Death Wish Coffee in every respect.”
According to the lawsuit, Death Wish Coffee sent Death Hell Coffee a cease-and-desist letter, which Death Hell Coffee allegedly refused.
“Defendant’s conduct shows that its infringement of the Death Wish Marks and Death Wish Trade Dress is intentional,” lawyers on behalf of Death Wish wrote. “In response to Death Wish Coffee’s cease and desist letter, Defendant indicated that ‘[t]here are many similar companies,’ that ‘the best is the one who stays,’ and that it would double down on its infringement.”
Death Hell Coffee did not immediately respond to DCN’s request for comment.
In its civil suit, Death Wish Coffee is seeking monetary relief in the amount of three times of Death Hell’s profits and three times the alleged amount of damages, plus attorneys’ fees.
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