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FUTURE PROOF BRANDS v. MOLSON COORS BEVERAGE

No. 20-50323.

982 F.3d 280 (2020)

FUTURE PROOF BRANDS, L.L.C., Plaintiff-Appellant, v. MOLSON COORS BEVERAGE COMPANY, formerly known as Molson Coors Brewing Company; MillerCoors, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED December 3, 2020.

Attorney(s) appearing for the Case

Christopher John Schwegmann , David Steven Coale, Esq. , V. Chisara Ezie-Boncoeur , Kent Davis Krabill, Esq. , Attorneys, Lynn Pinker Hurst & Schwegmann, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Mark Klapow , Amanda Shafer Berman, Esq. , Trial Attorney, Crowell & Moring, L.L.P., Washington, DC, Peter Dermot Marketos , Reese Marketos, L.L.P., Dallas, TX, for Defendants-Appellees.

Before Higginbotham, Smith, and Dennis, Circuit Judges.

Future Proof Brands, L.L.C. ("Future Proof") and Molson Coors ("Coors") sell competing hard seltzer beverages. Future Proof named its seltzer "Brizzy." Coors chose "Vizzy." Future Proof sued Coors for trademark infringement, claiming that consumers would confuse Vizzy and Brizzy. The district court denied Future Proof...

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