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Stateside Brands LLC, parent co of red-hot Surfside vodka RTDs, is taking on the largest brewer in the world in court. Co filed suit against AB InBev for "trade dress infringement and unfair competition" via its Skimmers vodka tea and lemonade brand in US District Court, Eastern District of PA. Story first broke in Philly Mag. AB's Skimmers "copies the SURFSIDE can design and mimics the overall look and feel (or trade dress) of Stateside's product," Stateside alleges, providing multiple images of the two products side-by-side in its complaint. AB "opted to mimic Stateside and freeride off its popular and successful SURFSIDE design, product, reputation, and goodwill to gain an unfair marketplace boost&mdash;at the expense of both Stateside and consumers alike," co summarized. "Stateside has been, and will continue to be, irreparably harmed" by the Skimmers trade dress, it added. So Stateside seeks to "enjoin Anheuser-Busch's unauthorized use" of Surfside's trade dress and "to recover actual damages, Anheuser Busch's profits, and other relief, including costs and attorneys' fees." Ironically, there isn't much in the way of AB profits from Skimmers brand, at least at this stage. Sales have reportedly been slower goin' since initial rollout in 18 states + DC earlier this yr. And it's unclear if the brand was ever on track to become a true natl priority as AB's having far more success with Cutwater and, to a lesser extent, NUTRL spirit RTDs. Meanwhile, Surfside went from 200K cases in 2022 to 1.3 mil cases in 2023, 4.9 mil cases in 2024 and currently on track to more than double its biz to ~11 mil cases in 2025, remaining the clear leader in the vodka tea/lemonade RTD space. So while Surfside is alleging irreparable harm, its sales haven't really skipped a beat. Gotta note, Stateside and AB reportedly were in talks about a potential deal late last yr, prior to the launch of Skimmers. That could be an added factor in Stateside's view of Skimmers' alleged trade dress infringement.Thruout the complaint, Stateside argues its "immense popularity" is not just attributable to flavors & ingredients, "but also to the instantly recognizable product design of the SURFSIDE can." Its "stylized gradient design on the bottom third of the can comprised of layered color-shifting bands, a white background overlaid with a sun design and the product mark in the top two thirds of the can, and a colored rim around the top of the can from the color scheme of the bottom, has become distinctive" and "makes it stand out from the crowd." But Skimmers mimics most of these distinctive design qualities, co argues. Thruout the complaint, Stateside also provides various examples of how it's "widely and extensively advertised" Surfside on its website, social media, billboards/signage, thru "high-profile partnerships with several professional sports teams" for stadium sales, and with merch, all showcasing its unique trade dress. Surfside is sold in all 50 states plus St Thomas, the Bahamas and Grand Cayman islands.Net-net, this is the highest-profile trademark/dress suit in the beer biz since Stone vs Keystone, which lasted for multiple yrs. The Skimmers brand and/or the cost of this lawsuit could be viewed as rounding errors in ABI's massive balance sheet. Way too early to say how many rounds this fight might go. "Our goal in challenging that use is to protect the distinct branding we've worked hard to create, build and maintain, and to protect our consumers that spend their hard-earned money on our products from confusion," said Stateside ceo/co-founder Clement Pappas in statement to INSIGHTS. "We are dedicated to safeguarding our trade dress and ensuring our brand and the trust our customers place in it remain clear, recognizable, and uniquely ours." An AB spokesperson told Philly Mag: "We believe this lawsuit is without merit and will vigorously defend against it." Stay tuned.

Surfside Parent Co Sues ABI/Skimmers for Trade Dress Infringement, Unfair Competition, Irreparable Harm

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