Law360, Los Angeles (March 24, 2017, 10:10 PM EDT) — Tequila company Element Spirits on Friday defended itself against claims it ripped off Dan Aykroyd’s Crystal Head Vodka’s unique skull-shaped bottle, calling an expert to testify in the California federal jury trial that a survey showing consumers confused the two brands was “unrealistic.”
During the fifth day of the jury trial in downtown Los Angeles over alleged trade dress infringement, Elements — maker of KAH-brand tequila — called to the stand consumer survey expert Hal Poret. Poret pushed back on testimony that Globefill Inc.’s own expert, Bruce Isaacson, had given to the jury a day earlier, which involved a survey showing consumers had confused Crystal Head’s unique glass skull-shaped bottle and KAH’s skull-shaped bottles, which are meant to resemble Mexican Day of the Dead sugar skulls, or calaveras.
* * *
Globefill Inc. is represented by David Berg and Michael M. Fay of Berg & Androphy and Hernan D. Vera of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.
The case is Globefill Inc. v. Elements Spirits Inc., case number 2:10-cv-02034, in the U.S. District Court for the Central District of California.