Law360, Los Angeles (March 21, 2017, 10:01 PM EDT) — The founder of a tequila company accused by Dan Aykroyd’s Crystal Head Vodka of ripping off its unique skull-shaped bottle on Tuesday defended her creation before a California federal jury, testifying she’d never even heard of Crystal Head Vodka when she designed her bottle.
On the third day of the trial in downtown Los Angeles, Globefill Inc., maker of Crystal Head Vodka, called to the stand Kim Brandi, the founder of Elements Spirits Inc., which Globefill has accused of trade dress infringement for selling KAH brand tequila in Mexican Day of the Dead-inspired skull-shaped bottles.
Globefill’s attorney David Berg of Berg & Androphy questioned Brandi about an “odd coincidence” he had raised during his opening statement — that KAH tequila bottles and Crystal Head bottles both have their spouts placed at “virtually the same” angle on their respective skulls.
“Well, if you didn’t copy [Globefill’s] bottle wouldn’t you be in agreement that it’s a coincidence that they’re the same angle?” he said.
Brandi admitted the two spouts were placed at nearly the same angle, and when asked by Berg, admitted that there are similarities between the two bottles.
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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.