Reno Gazette Journal

Brewery sued by Coachella festival

Beer-maker accused of breaking trademark law

- Paul Albani-Burgio

PALM SPRINGS, Calif. – The owners of the Coachella Valley Music and Arts Festival are suing Coachella Valley Brewing Co., alleging the beer-maker is breaking federal trademark law by using logos and advertisin­g that look like those of the festival.

Coachella Music Festival LLC filed a lawsuit last week in U.S. District Court asking a judge to order the brewery to stop using “confusingl­y similar” branding. The lawsuit also seeks unspecifie­d damages.

It’s the latest instance of the music festival’s promoters going to court to fight what they say are efforts to capitalize on its internatio­nally famous brand or confuse people into thinking a business is linked to the festival when it’s not.

Representa­tives of the brewery did not respond to multiple attempts by The Desert Sun to reach them for comment.

Among the alleged examples of infringeme­nt is the brewery’s current logo, which depicts a Ferris wheel with large letters spelling out “Coachella.” Below that are smaller letters about a third the size spelling out “Valley Brewing Co.,” which the complaint states can be difficult to discern and serve to strengthen the presumed but erroneous associatio­n to the festival.

The festival attorneys write that the Ferris wheel is closely associated with the festival and has long been used in its branding.

“Significan­tly, there is no actual Ferris wheel present at Defendant’s brewery, and inclusion of the Ferris wheel design is a blatant reference to Plaintiff’s Festival and an attempt to associate Defendant with Plaintiff,” the complaint reads.

Also cited is a label for the brewery’s Desert Citrus beer, which contains both the logo and graphical versions of palm trees and mountains on a gradient background that the festival says are highly similar to graphics and imagery used in posters and other promotiona­l materials for the festival.

The festival’s attorneys argue that the brewery’s use of the imagery is misleading to consumers because beer and other alcoholic beverages are sold at the festival and consumers are likely to believe that the brewery’s products are associated with or endorsed by the festival when they are not.

It also notes that the festival has several existing sponsorshi­p agreements with other beer companies, which could be infringed.

Also cited are the name and label for the brewery’s Mi’Chella chavela drink and the label for its Blonde Ale beer, which includes a guitar and musical notes.

The complaint was filed after the festival’s attorneys sent a cease-anddesist letter to the brewery on Jan. 10.

A filing in the lawsuit notes that the group behind the festival “expends substantia­l effort and expense” to protect its trademarks.

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