The Mexican owner of U.S. and Mexican trademarks for an “automatic pistolshaped bottle design used in connection with alcoholic beverages, with the exception of beers” and its exclusive U.S. distributor have filed trademark infringement claims against the company that sells, markets and imports into the United States Eagle Shot Tequila® in a pistol-shaped bottle. Mexcor Distribs. Inc., v. Purveyors LLC, No. 4:2012cv01240 (U.S. Dist. Ct., S.D. Tex., Houston Div., filed April 19, 2012). The plaintiffs allegedly demanded that the defendant cease and desist from doing so, and the defendant failed to respond.
Seeking preliminary and permanent injunctive relief, the plaintiffs also seek an accounting and payment of profits earned from the date of first use of the mark, treble damages, attorney’s fees, and costs. They allege trademark infringement and unfair competition under the federal Lanham Act, as well as Texas common law on trademarks and unfair competition. According to the complaint, the defendant’s use of the mark “is likely to cause confusion, mistake, and deception among the public as to the origin or sponsorship of its products” and has caused the plaintiffs “irreparable damage to their reputations and goodwill.”