Death Wish Coffee is back in the news. Following a 2023 lawsuit, in which Death Wish claimed infringement against a roaster called Death Before Decaf, the Saratoga Springs, New York-based brand has filed a trademark lawsuit against their fellow schtick mongers at Liquid Death, who they allege are starting a coffee line and it would confuse consumers.
As reported by FoodBev, Death Wish filed the suit with a California federal court to “prevent Liquid Death from launching a new line of coffee products that Death Wish claims infringes on its established ‘Death’ trademarks.” They claim that products like the “Deathuccino,” which the suit states is one of the proposed new line from Liquid Death, would ultimately confuse consumers and dilute the brand identity.
The suit also alleges that the two brands share a “nearly identical aesthetic,” which I suppose is a judgement call. In my opinion it kind of sounds like how your 90-year-old great grandmother can’t tell the difference between The Cure and blackened post-rock band Deafheaven (because they both sound spooky) but this is only my opinion, and not a statement of fact. (Please don’t sue us.)
In response, Liquid Death has taken to Instagram to state they “have no real plans to actually launch a coffee” while also taking the opportunity to tout their soon-to-be-released energy drink line. They also took a shot at Death Wish for sharing its name with a long-extant heavy music record label.
There needs to be a word for this sort of thing. Where two private equity funded CPG beverage brands are having the legal version of a slap fight over the ownership (and implied marketability therein) of Death itself. What’s the word for when all you can do is roll your eyes as the light goes out forever? That’s the one I’m looking for.
Zac Cadwalader is the managing editor at Sprudge Media Network and a staff writer based in Dallas. Read more Zac Cadwalader on Sprudge.
