US-based Long Island Spirits, which makes LiV Vodka, has filed a lawsuit against the Saudi Arabian-backed golf league alleging trademark infringement.
Long Island Spirits is suing LIV Golf over alleged trademark infringement
Filed yesterday (March 23) to the US District Court for the Eastern District of New York, the distillery claims the professional golf league is infringing on its LiV brand and is seeking ‘substantial damages’ from LIV Golf’s ‘wilful infringement and other misconduct’.
The suit is seeking compensatory and injunctive relief to stop and prevent LIV Golf and related parties from using the LIV mark in connection with the sale and marketing of alcohol and apparel.
Established in 2007, Long Island Spirits produces whiskey, liqueurs, and LiV-branded vodka, gin and RTDs, all made with local ingredients such as corn, rye and potato.
LIV Golf, meanwhile, was founded in October 2021.
Long Island Spirits claims LiV-branded products are its largest and most important brands, which LIV Golf has allegedly infringed upon with its own line of LIV-branded products that are closely associated with the league’s apparel and live events.
Long Island Spirits has used the ‘LIV’ and ‘LiV’ marks since 2007, and the distillery claims these are being infringed upon by the golf league’s LIV-branded cocktails that bear names like the ‘LIV Clubhouse Cooler’ and the ‘LIV It Up Bloody Mary’.
Along with the golf league’s alcoholic beverages, Long Island Spirits has also highlighted LIV Golf’s LIV-branded apparel, which it claims has created confusion with its own line of LIV branded-apparel that it sells and distributes through the Tri-state area, as well as at its distillery, local events and through its online marketplace.
Long Island Spirits founder Rich Stabile said: “LIV Golf’s aggressive use of our ‘LIV’ brand isn’t just causing market confusion; it is a direct attempt to hijack the exact spirits and lifestyle categories we invested decades in building.
“This case is about protecting our consumers from confusion and making clear that our decades of investment in the LIV brand is not usurped by a large company who happens to like the brand.”
Long Island Spirits’ lawsuit claims LIV Golf’s branding is causing ‘wide-spread confusion’ for consumers and distributors across the country, harming the distillery’s reputation, eroding goodwill and depressing sales.
The lawsuit also pointed out that LIV Golf is backed by Saudi Arabia’s Public Investment Fund.
The complaint read: “LIV Golf has deployed billions of dollars in marketing efforts aimed at buying prominence, including by expanding into ‘LIV’ branded alcohol and apparel – that is, precisely the areas in which LIV owns long-standing marks and where it has built its reputation for authenticity.”
Long Island Spirits’ trial counsel, Chris Rice, of litigation firm BraunHagey & Borden, added: “LIV Golf’s effort to swamp our client’s brand is precisely what the trademark and unfair competition laws were designed to prevent.
“We hope LIV Golf recognises the impact its conduct is having on Long Island Spirits’ LIV brand and products and does the right thing by remedying that harm.”
The Spirits Business has reached out to LIV Golf for comment.
This isn’t the only time LIV Golf has been challenged by a spirits company on trademark infringement. In January, Sazerac won partial victory against the league in a trademark dispute over the use of ‘Fireball’ in branding.
Related news
Bardstown Bourbon faces gender discrimination lawsuit
Heaven Hill challenges ‘100% agave’ lawsuit
Kōloa Rum loses lawsuit over ‘discriminatory’ shipping law