Death Wish Coffee vs. Liquid Death: Trademark Battle Offers Lessons for Retail Brands

 

Death Wish Coffee vs. Liquid Death: Trademark Battle Offers Lessons for Retail Brands

In a high-stakes trademark dispute, edgy beverage brands Death Wish Coffee and Liquid Death are clashing over the latter’s alleged plans to enter the coffee market under a name that could confuse consumers. Death Wish claims this expansion threatens to drown out its established brand identity and goodwill, seeking legal intervention to block Liquid Death’s move.

The Crux of the Conflict

Death Wish Coffee, known for its extreme coffee products, filed a lawsuit in a California federal court asserting that Liquid Death’s intended launch of coffee beverages will infringe on its trademark rights. The older but smaller Death Wish alleges that Liquid Death aims to capitalize unfairly on its brand name, potentially causing “reverse confusion” where consumers might assume an affiliation or endorsement between the two companies.

Death Wish’s argument centers on the timing and nature of Liquid Death’s trademark filings, which closely follow a pattern of mid-year applications followed by product launches in January. Death Wish suspects Liquid Death’s upcoming coffee launch in January 2026 is a strategic move to overshadow its brand.

Key Legal Claims

·         Trademark Infringement: Death Wish alleges that Liquid Death’s trademarks on coffee names are too similar, creating consumer confusion.

·         False Designation of Origin / Unfair Competition: The suit argues Liquid Death’s use of “DEATH” in coffee products misleads customers about the source of goods.

Death Wish seeks a court declaration that Liquid Death’s coffee trademarks cannot be registered and that using such marks would violate Death Wish’s existing rights.

Broader Retail Insights

This case highlights major considerations for retailers navigating brand expansion:

·         Expansion Risks: Brands leveraging strong identities in one product category may inadvertently trigger trademark conflicts when branching into related categories. Here, Liquid Death is prominent in sparkling water but seeks to enter coffee, where Death Wish already dominates.

·         Reverse Confusion: This phenomenon occurs when a larger, newer brand’s push into a market category creates confusion about smaller established brands, reversing typical brand confusion dynamics.

·         Trademark Filing as a Signal: Legal teams should watch for filings indicating intent to expand or launch products. These filings, while securing rights, can also become evidence in disputes.

Liquid Death’s Response

After the lawsuit, Liquid Death denied plans to launch coffee in the near future and questioned Death Wish’s paranoia. It emphasized that no company can own the word “DEATH” universally and urged public opinion about the lawsuit. The brand also promotes its upcoming energy drink unrelated to coffee, highlighting continued innovation in its portfolio.

Lessons for Brands and Legal Teams

Retailers should be vigilant when expanding into new categories, especially when operating under distinctive brand names that might overlap with others in those markets. Crucial steps include thorough clearance strategies, distinct packaging, clear marketing differentiation, and considering geographic and timing factors of product launches.

For legal teams, monitoring trademark filings and anticipating suing or defending against infringement claims are essential parts of brand protection. Coordinating marketing and product rollout plans with legal counsel helps avoid costly disputes.

Conclusion

The Death Wish vs. Liquid Death case isn’t just a trademark squabble over coffee names. It underscores how brand expansion strategies in today’s crowded markets require careful legal and marketing orchestration. As retailers continue to diversify, the lessons from this collision will guide smarter brand management and defense mechanisms.

Share Your Thoughts In The Comments Below. If You Found This Helpful, Don’t Forget To Share It With Your Friends And Family!