Saratoga-Based Company Sues Over “Death” Coffee

SARATOGA SPRINGS — Death Wish Coffee, a Saratoga-based business, filed a trademark infringement lawsuit in federal court in California earlier this month against Liquid Death, a popular water brand that may launch a new line of coffee products.

The problem, in Death Wish’s eyes, is that Liquid Death’s coffee products may confuse customers due to the two brands’ similar death-inspired aesthetics and names.

“The Infringing Coffee Products will confuse consumers, infringe the DEATH WISH Marks, and irreparably harm Death Wish and its valuable brand,” the complaint reads. “The Infringing Coffee Products will duplicate the dominant element of Death Wish’s registered trademarks – i.e., DEATH. They will likely appear in the same retailers and side-by-side with Death Wish’s products in stores, where Death Wish sells both ready-to-drink canned coffee as well as other coffee beans and coffee products. And they will share similar consumer bases and advertising, distribution, and marketing channels. Liquid Death is well aware of Death Wish’s established trademark rights in the coffee market, but plans to launch the Infringing Coffee Products anyway. In short, this is a dead-to-rights case of willful trademark infringement.”

In the suit, Death Wish said the two companies have been able to coexist because they each sell different products (coffee and water), but that this coexistence is coming to an end because Liquid Death “is preparing to invade Death Wish’s market territory and infringe Death Wish’s trademarks by selling DEATH-branded coffee beverages.” Also in the suit, Death Wish said they asked Liquid Death not to launch the new coffee line but Liquid Death refused. 

In response, Liquid Death published an Instagram post stating that the company has “no real plans to actually launch a coffee.”

“Perhaps the executives at Death Wish Coffee are amped up on too much caffeine to be this paranoid about the future,” read the post. “Which is why the new CEO at Death Wish (Steve Gardiner) may want to consider trying our new better-for-you energy drink (coming in January) that has zero sugar, 5 calories, essential vitamins, and a sane level of caffeine (100mg).⁣ And whether or not we ever go into coffee one day, we don’t believe any one company can legally own the word DEATH regardless of how it’s used.”

Liquid Death also took a shot at Death Wish for sharing a name with Deathwish Inc., a hardcore punk music label.

Death Wish Coffee was founded by Mike Brown in 2012 and is headquartered at 260 Broadway in downtown Saratoga Springs. The brand’s products are available in grocery stores across the country and online via Amazon.