Molson Coors Beverage Company, makers of Vizzy hard seltzer have successfully reached an amicable settlement with plaintiff Future Proof Brands, makers of Brizzy hard seltzer, in which Brizzy will cease operations.
In a highly unusual resolution of dispute, the defendant in the lawsuit will retain the trademark rights and the plaintiff will no longer sell its product. Terms of the agreement were not disclosed.
Future Proof Brands LLC, makers of Brizzy, had sued Molson Coors, arguing in court that the Vizzy name was confusingly similar. In December, a federal appeals court had refused to grant Future Proof an injunction against Molson Coors from selling the product.
Future Proof also makes BeatBox wine-based RTD cocktails in innovate single-serve box packaging.
“Future Proof and Molson Coors have agreed to resolve all claims in their disputes regarding the Vizzy and Brizzy trademarks,” said Marty Maloney, manager of media relations at Molson Coors. “While the terms of the deal are confidential, Future Proof will no longer produce and market Brizzy,” Maloney said in a statement.
Vizzy was also targeted earlier this year for its use of Vitamin C. A consumer advocacy grouped complained that the brand was attempting to convince consumers that its product is good for you.
“While antioxidant Vitamin C is part of what makes Vizzy stand out, we have always been committed to communicating this product attribute responsibly,” said Marty Maloney, Manager of Media Relations at Molson Coors.
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