Kim Brandi Reaffirms Rightful Ownership of “Calaveras” Bottle Design
12/05/2015

Kim Brandi, reasserts that she is in fact the rightful owner of the “calaveras” bottle design.

Online PR News – 05-December-2015 – City of Industry, CA – Clarifying a lengthy legal ordeal, the CEO and founder of Iconic® Brands, Kim Brandi, reasserts that she is in fact the rightful owner of the “calaveras” bottle design, which her line of Sangre de Vida® Tequila and Mezcal (www.sangredevida.com) is housed in.

Brandi originally had a licensing deal with Elements Spirits, Inc., which allowed the company to legally utilize copyrighted works owned by Brandi, to be sold under the mark KAH Tequila. However, Brandi cut ties with Elements after several breaches of the licensing agreement, and established Sangre de Vida® Tequila and Mezcal. Elements sued Brandi, claiming it had developed a “trade dress” in the very bottle design which is protected by Brandi’s copyrights. In response, Brandi filed a copyright infringement lawsuit against Elements, Aveniu Brands, and Fábrica de Tequila Finos, S.A. de C.V. ("Finos"). Finos is the manufacturer of KAH Tequila and Aveniu is its master distributor. Brandi has also issued cease and desist letters to distributors and to the on- and off-premise accounts who continue to sell the unauthorized counterfeit “calaveras” bottles.

The United States District Court assigned to the matter has already issued two rulings in the case, both favorable to Brandi. In a ruling on June 11, 2015, the Court specifically found that Elements had failed to establish a likelihood that it could succeed on the merits of its trademark claims. More recently, on September 17, 2015, the Court ruled that Brandi had alleged sufficient facts to support her claim that Elements obtained the cancelled license agreement through fraud.

“KAH Tequila continues to use and profit from my work without my permission, in direct violation of the Copyright laws,” Brandi notes, “and in the process is deceiving consumers by selling an unapproved knock-off, degrading the high-quality product that I produce in the form of Sangre de Vida Tequila.” Brandi stated that she “will continue to fight for my rights both as an artist and a businesswoman, and will always offer my customers a superior tequila in a bottle that has a superior aesthetic design.”

About Iconic Brands
Iconic® Brands, Industry, CA delivers art inside and out with its award winning APOCALYPTO® Tequila, DEADHEAD® Rum and SANGRE DE VIDA® Tequila. Founded on a “no compromise” philosophy, Iconic’s cocktail for success is simple: Create brands deeply rooted in tradition that offer a strong message about authenticity and attention to craftsmanship. Iconic’s determination to be at the forefront of an ever-evolving liquid culture is evident in the critical acclaim and medals its brands continue to earn. Each brands’ voice can be heard loud and clear, making them franchise players behind the bar and rising stars in terms of volume growth and revenues.