The Western District of North Carolina found Sycamore Brewing LLC, plaintiff, entitled to preliminary injunction against Stone Brewing Co LLC, defendant, in a trademark case concerning the slogan “Keep It Juicy.”
The plaintiff sells craft beer throughout North Carolina and seven other states, per the opinion, while the defendant, Stone Brewing Co LLC, is the ninth largest brewing company in the United States.
In 2019, the opinion recounted, the plaintiff introduced its “Juiciness IPA” with the slogan “Keep it Juicy;” the plaintiff owns and registered the name with the Principal Register of the United States Patent and Trademark Office. In August 2021, the defendant launched its Hazy IPA. In March 2022, after the plaintiff obtained registration for the mark, the defendant added the same slogan to their retail box. The defendant distributed, marketed and advertised its Hazy IPA with this mark, the judge wrote.
The court enjoined the defendant from using the “Keep it Juicy” mark; the defendant may sell off its available Hazy IPA packaged in the infringing box, however the defendant must attempt to cover up the infringing mark, and the injunction shall be effective upon the posting of a cash bond in the amount of fifty thousand dollars.
Sycamore is represented by Randazza Legal Group and Boyer Legal, while Stone Brewing is represented by BraunHagey & Borden and James, McElroy & Diehl.
