Surfside, the popular vodka tea brand, is taking legal action against Anheuser-Busch, accusing the beverage giant of copying its can design for their competing Skimmers line of ready-to-drink cocktails. The lawsuit claims that both brands share striking similarities, particularly regarding the color bands at the bottom of the can and the design features, including a white background and a sun logo at the top.

Surfside alleges that Anheuser-Busch is trying to capitalize on its success and is seeking damages as well as a halt to the use of the contested design. Anheuser-Busch, however, has dismissed the lawsuit as baseless and plans to defend itself vigorously.

This legal dispute reflects a growing trend in the food and beverage industry, where companies frequently resolve disputes over design and branding in court. Previous cases include J.M. Smucker suing Trader Joe’s over their "copycat" versions of Uncrustables and Mondelēz taking legal action against Aldi for similar issues.

Despite a general decline in alcohol consumption, the category of vodka teas and spirit-based ready-to-drink cocktails is thriving. Founded in 2021, Surfside has experienced remarkable growth, with sales reportedly increasing by 563% in its second year. Conversely, Anheuser-Busch introduced the Skimmers brand earlier this year after entering the RTD cocktail market in 2019.

The complaint, filed in the U.S. District Court for the Eastern District of Pennsylvania, accuses Anheuser-Busch of trade dress infringement and unfair competition. Surfside is not only pursuing monetary damages but also legal fees and a share of Anheuser-Busch’s profits. However, the lack of a federal trademark registration for its design may complicate Surfside’s efforts, potentially making it more challenging to prove their case.

For more details on this case, you can view the original articles on Food Dive and Surfside’s success with RTD cocktails.