Court Denies Molson Coors Motion to Dismiss Federal Infringement Claim over Future Proof's Brizzy Hard Seltzer

An Austin, Texas court has ruled to dismiss a claim made by Molson Coors regarding confusion in the marketplace surrounding their Vizzy Hard Seltzer with Future Proof's Brizzy Hard Seltzer. Full details are below.

AUSTIN, Texas -- Future Proof Brands LLC, creators of BeatBox Beverages - the World's Tastiest Portable Party Punch™, with whom introduced their Brizzy^® premium hard seltzer in 2019, previously filed litigation in an Austin federal court in February of 2020, charging that Molson Coors (NYSE: TAP) infringed on Brizzy's federally registered trademark, creating market confusion through the industry giant's launch of a competing product, Vizzy. 

Following the most recent announcement regarding the Fifth Circuit confirmation of the validity of Future Proof's Brizzy trademark, which is something that the United States Patent and Trademark had already done in issuing their registration last year, the District Court for the Western District of Texas has since come back denying Molson Coors' motion to dismiss.   

The latest ruling helps to even further pave the way for the lawsuit against Molson Coors to now proceed through the discovery phase, where Future Proof intends to fully explore the actual confusion that has been occurring in the market following the release of Vizzy, and finally to a full trial on the merits.  

Jeff Cuban, Future Proof Board Member and COO of Mark Cuban Companies Entertainment Properties notes, "The impact of the market confusion was immediate and devastating. Such disregard demanded then and now that we fight back, not just for the Brizzy brand but for those that might face the same treatment from a market dominant brand with the clout of a Molson Coors." 

"We are continually pleased with the direction as to which this ongoing case is going for Future Proof," said Justin Fenchel, Co-Founder and CEO of Future Proof. "The most recent ruling put us in an even stronger position than before, and we are confident in our ability to win our lawsuit to help continue to protect our brand."

Future Proof also makes the BeatBox line of alcoholic party punches, which gained national recognition in 2014 when the company gained a $1 million investment from Mark Cuban on ABC's Shark Tank program. Future Proof, recently awarded one of Inc. Magazine's Top 5000 Fast-Growing Privately Owned Companies in America, is a disruptor in the beverage alcohol market that provides innovative solutions that drive incremental profit in high-growth categories, having also been named the fastest-selling and fastest-growing single serve wine product in the US via Nielsen. 

Future Proof is represented in the case by Christopher J. Schwegmann and Kent Krabill of Lynn Pinker Cox & Hurst LLP in Dallas.

About Future Proof

United through a love of music and inspired by the entrepreneurial spirit of Austin, Texas, the founders of Future Proof (formerly BeatBox Beverages) set out to create something that could help everyone #PartyBetter. One year later, they made Shark Tank, walking away with the biggest investment the show had made at that time, $1million from Mark Cuban. Later adding on a team of industry veterans from Austin Eastciders, InBev, MillerCoors, Deep Eddy, and Tito's Handmade Vodka, to name a few – who know how to develop, launch, and quickly grow authentic brands. Now boasting a portfolio of brands, and a roster of investors including Mark Cuban, Rob Dyrdek as well as DJs Party Favor, Louis The Child, Good Times Ahead, and many others, Future Proof's reputation is secured as a company that creates products that drive incremental profit in high-growth categories with specific expertise in the Millennial target.