This week’s BL Business Branding Newsletter takes a look at a trademark dispute between Stateside Brands, the owner of Surfside, and Anheuser-Busch over the packaging design of their ready-to-drink beverages. The dispute was centered on similarities between Surfside and Anheuser-Busch’s Skimmers hard iced tea packaging.
Stateside sued Anheuser-Busch in 2025, alleging that the Skimmers packaging copied elements of Surfside’s distinctive can design and could benefit from the popularity Surfside has built since its launch in 2022. Both products are noncarbonated, canned cocktails with multiple flavors, making them competing products in the same growing market.
The case ultimately came to an end without a trial. A federal judge dismissed the lawsuit with prejudice, with each side responsible for its own costs and attorneys’ fees. The parties also waived their rights to appeal. Stateside later confirmed that the parties resolved the dispute to their satisfaction, although they have not made the terms of the agreement public.
One issue that reportedly created a challenge for Stateside was its lack of a federal trademark registration covering the design of its cans. A federal registration could have provided Stateside with a presumption of ownership over the protected design, potentially making it easier to establish its rights in court.
The dispute highlights an important consideration for businesses whose branding extends beyond a name or logo. Packaging, product appearance, and other visual elements can become closely associated with a brand, but protecting those elements may require businesses to think beyond traditional word and logo trademarks.
What Can Businesses Learn From This?
This dispute is a reminder that businesses should identify and protect the parts of their branding that make their products recognizable. For brands with distinctive packaging or other consistent visual elements, securing the appropriate trademark or trade dress protection can provide important legal advantages if another company later adopts similar designs.
Taking steps to establish and register the right intellectual property early can also give businesses stronger evidence of their ownership and rights if a dispute arises. Having the appropriate protection in place can help put a business in a stronger position to enforce its brand.
Have questions about how to protect your company’s brand? Contact our BL Trademark Team by reaching out to Seth Berenzweig at sberenzweig@berenzweiglaw.com today.