Kahlua ‘counterfeiter’ agrees to drop label

The importer of Kahfua has agreed to temporarily stop using its label after Pernod Ricard filed a US$2 million lawsuit for alleged trademark counterfeiting of its Kahlua brand.

The Absolut company argues Kahfua is too similar to its Kahlua liqueur brand

Brooklyn-based Happy Hearts Wine LLC agreed to the preliminary injunction signed by US District Judge Edward R. Korman after The Absolut Company – a subsidiary of Pernod – sought damages for alleged violations of the Lanham Act through infringement, dilution, unfair competition and trademark counterfeiting.

Happy Hearts confirmed it would not destroy any documents, records or products relating to Kahfua and that it would prepare and file a report with the New York district court within 30 days, reported Law360.

Absolut argues Kahfua’s label contains fonts, colours and a design that is similar to its Kahlua brand.

The group also claimed Happy Hearts failed to respond to numerous cease and desist letters.

Kahlua describes itself as a “rum and coffee liqueur”

Kahlua describes itself as a “rum and coffee liqueur” on the bottle, while Kahfua claims it is a “coffee expresso liqueur”.

“There can be no credible argument that defendant’s copying was not intended to capitalise on the fame and equity of [Absolut’s] Kahlua brand, and to trick consumers into purchasing defendant’s inferior competing product,” the company wrote in its injunction request.

In October 2014, Absolut Vodka settled its trademark dispute with Purity Vodka after two years of litigation, after Purity took legal action against Absolut in 2012 claiming the “Absolut Purity” campaign infringed upon its registered trademark.