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Surfside vs Skimmers could be heading to a jury trial. That's what AB demanded in response to Surfside parent co Stateside's initial complaint alleging trade dress infringement as AB refuted claims, looking to justify Skimmers' distinct design attributes while downplaying aspects of "similar" design as merely the norm across the competitive landscape of RTDs. What's "really driving this lawsuit," in AB's view, is Skimmers' "use of a superior spirits base from a sister brand [that] results in a superior product&hellip;fear of competition, not trademark law." AB "developed what it believes is a superior vodka iced tea product from scratch and in mere months to meet evolving consumer preferences," it claimed. RTDs All Use Familiar Design Playbook, Sez AB; Skimmers Nod to Cutwater Branding; "A More Realistic Sun," and "Horizontal" vs "Chevron Pattern" AB's lead argument in its response is that the competitive landscape of RTD spirits "all employ very similar packaging" with "clean" backgrounds, "a sun and/or beach or outdoor relaxation theme, and use of colors to function as indication of the product flavor profile." Co lists Sun Cruiser, High Noon, Lucky One, Good Boy, Deep Eddy, White Claw, Seacrets and (AB-owned) Hoop Tea RTDs as examples. AB goes as far as to deny Surfside has "a valid and enforceable trade dress" at all, "at least because it is functional, lacks distinctiveness, and does not serve as an identifier of the source of Stateside's produce."Yet Skimmers branding and packaging are "markedly distinct," sez AB. Upper third of the can is where that's "most notable," primarily due to different brand name, "a Skimmer bird and more realistic sun with radiating lines" depicted. While both have "color banding at the bottom third of the can," AB argues that that's "a common element of many RTD products which function as flavor identifiers," and that Skimmers-branded color bands are "distinct" thru its "chevron pattern" with a "single color" in "multiple shades" per flavor. Surfside color bands are "horizontal" lines with "multiple different colors." Both "the chevron pattern and skimmer bird are nods back to CUTWATER's distinctive label design," AB noted. Certain design comparisons Stateside made in initial complaint don't compare the same flavors with each other, co added. And AB argues Stateside's complaint "conveniently fails to mention the outer packaging," i.e. secondary packaging, for the 4pks that have more distinct design attributes and "consumers will first view on store shelves while making purchase decisions." Tho AB response avoids putting pics of Skimmers and Surfside side-by-side thruout.AB Has Philly Office at 1635 Market St One of the only sections of the complaint that AB did not deny was a simple statement that AB does have a "registered office in the Commonwealth of Pennsylvania." It has office space at 1635 Market Street in Philly. Who knew?"No Exclusive Right to Their Purported Trade Dress"; Next Up, Pretrial Conference in Early Jan AB demands a trial by jury and requests "the following relief": 1) final judgment in AB's favor against Stateside that dismisses its claims with prejudice; 2) declares AB "the prevailing party on each such dismissed claim"; 3) "declares that Stateside have no exclusive right to their purported trade dress"; 4) awards AB attys fees and legal costs "to the maximum extent allowed by law"; 5) final judgment that grants AB "further legal and equitable relief as may be just and proper." Next up, there's a pretrial conference scheduled via phone on Jan 7, 2026, with Jan 5 scheduled to discuss possibility of a settlement.

AB Refutes Skimmers Trade Dress Claims Pointing to Competitive Landscape, Different Secondary Pkgs, Brand Name, Birds, Chevron Pattern & "A More Realistic Sun"

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