Jenner Faces Trademark and Trade Dress Infringement Lawsuit for Use of 818 Tequila Name

Tequila 512 Sues Jenner Claiming Trademark Infringement Over Use of 818 Tequila

Kendall Jenner’s controversy-prone “818 Tequila” brand has been accused of trademark infringement, false designation of origin, and unfair competition.

Tequila 512 Sues Jenner for Use of 818 Name and Likeness to 512 Brand

818 Tequila has been accused by competitor “Tequila 512” created by ClipBandits, LLC of copying the branding and labeling of Tequila 512.  ClipBandits received a trademark in 2017 and currently has a trade dress application, “that includes the distinctive and immediately recognizable 512 mark in black lettering inside a vertical yellow rectangle.”  Trade dress protects the look and feel of a product’s packaging, such as Coca-Cola’s distinctive bottle shape.

ClipBandits has complained that their highly distinctive label of black lettering inside a vertical yellow rectangle is being copied in Jenner’s brand. ClipBandits chose its tequila brand name based on the area code of where the tequila is distilled in Texas.  ClipBandits has complained that out of all the possible brand names to choose Jenner chose to also go with a three-digit number of a yellow box label. “The similarities are so striking that this cannot be the result of a coincidence,” complained ClipBandits.  Below is a comparison of the tequila brand labels.

In support of the false designation of origin claim, ClipBandits alleges that Jenner used one of its bottles to actually advertise her 818 Tequila.  ClipBandits alleges that Kim Kardashian’s app, Kim Kardashian Hollywood, featured a promotion for the 818 Tequila. The problem with this is ClipBandits alleges that the bottle in the promotion was its own Tequila 512 bottle and that such use was not authorized. ClipBandits continued in its complaint:  

“[E]ither Defendant intentionally used Plaintiff's bottle, hoping to further blur the lines between the two products, or Defendant was itself confused about the difference between the two brands. Either way, the incident further shows how invidious Defendant's infringement is, and that it must be stopped.”

ClipBandits also alleges that when it reached out to Jenner about the use of its Tequila 512 bottle, the promotion was changed to depict a bottle with a green circular label unlike the actual label for the 818 Tequila sold by Jenner.

Tequila 512 Sues Jenner’s Tequila Brand and Shines Light on Controversies

In an attempt to paint Jenner and her tequila brand in an unfavorable light, ClipBandits also mentions a recent controversy around an advertising campaign.  In the controversial ad campaign, Jenner is featured wearing a traditional Mexican dress leading a horse through an agave field. Jenner received criticism about cultural appropriation for the ad. A spokesperson for Jenner about the 818 brand stated they believe there is no merit to ClipBandits’ claims, and an answer to the complaint has not yet been filed.

Key Takeaways on Tequila 512 Suit Against Jenner’s 818 Brand

 ClipBandits, owners of Tequila 512 brand, filed a trademark lawsuit against Kendall Jenner’s 818 brand for:

• Use of similar look and feel of label claiming trade dress infringement;

• Use of 3-digit numbers as name likely to cause confusion; and

• Use of a Tequila 512 bottle in an ad campaign for Jenner’s tequila brand as evidence in support of infringement claims.

For more information on trademark protection, see our Trademark Litigation and Industry Focused Legal Solutions pages.

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