The Mexican brewer that makes Dos Equis® beer and has advertised it with a distinctive campaign since 2007 has brought a trademark and copyright infringement lawsuit against a New Jersey-based company and its president for an advertising campaign that allegedly mimics the brewer’s “Most Interesting Man in the World®” ads. Cervezas Cuauhtémoc Moctezuma, S.A. de C.V. v. KCI, Inc., No. 13-5044 (U.S. Dist. Ct., D.N.J., filed August 22, 2013). According to KCI’s LinkedIn page, the company offers storage area network (SAN) maintenance services.
The complaint alleges that defendants have filed trademark applications for and use in a YouTube video the marks “The Most Interesting SAN Architect in the World” and “I Don’t Always Use Third Party Companies When I Buy and Maintain SAN Equipment But When I Do It’s Always Team KCI . . . Stay Convergent My Friend.” This compares with the brewer’s registered marks “The Most Interesting Man in the World” and “STAY THIRSTY MY FRIENDS.” The latter expression is used as part of an equity actor’s declaration “I don’t always drink beer but when I do, I prefer Dos Equis. Stay thirsty my friends.”
Alleging federal trademark and copyright infringement, unfair competition, trademark dilution, likelihood of confusion, false suggestion of a connection, and violation of character rights, the plaintiff seeks injunctive relief, damages and enhanced damages, the delivery for impoundment of all copies of the defendants’ video, attorney’s fees, costs, and abandonment of the pending trademark applications.