Firm bids to reignite Jim Beam ‘lipstick’ lawsuit

A US vodka producer is attempting to revive its ‘lipstick’ trademark lawsuit against Jim Beam’s Pucker Vodka, arguing that a jury should have heard the case when it first launched.

Jim Beam’s Pucker Vodka was first unveiled in 2011

JL Beverage, maker of Johnny Love Vodka, criticised the summary judgement issued by US district judge Miranda Du in favour of Jim Beam Brands in 2013.

The firm said a jury would have been able to apply the “eight-factor test” to determine the potential presence of consumer confusion between Pucker Vodka and Johnny Love Vodka.

JL Beverage instigated legal proceedings against Jim Beam Brands in 2011, shortly after the launch of Pucker Vodka. The company said Pucker Vodka’s use of lipstick imprint on its bottle would confuse consumers with regards to its own Johnny Love Vodka, allowing Jim Beam to capitalise on the brand’s recognisable image.

Johnny Love Vodka also features a lipstick mark image on its bottle

Beam Global Spirits & Wine, as Beam Suntory was known ahead of its acquisition by Suntory Holdings, describes Pucker Vodka is a line of flavoured vodkas made with fresh fruit.

Johnny Love Vodka’s flavoured bottlings are “triple distilled”, “multi-filtered” and use “natural fruit essences”.

JL Beverage has now taken its case against Jim Beam Brands to the US Court of Appeals for the Ninth Circuit.

Beam Suntory claimed legal victory in August last year after it was accused of misleading consumers by marketing its Jim Beam Bourbon brand as “handcrafted”. The group had successfully defended the “handmade” credentials of its Maker’s Mark Bourbon three months earlier.