Brewing Controversy: Stateside vs. Anheuser-Busch – A Trade Dress Battle Shaping Beverage Branding

A Philadelphia distillery, Stateside Brands LLC, has sued beverage giant Anheuser-Busch for allegedly copying the distinctive packaging of its SURFSIDE drink. The lawsuit highlights key issues of trade dress infringement, unfair competition, and brand identity in the beverage industry. The case’s outcome could redefine how far inspiration can go before it becomes imitation.

Brewing Controversy: Stateside vs. Anheuser-Busch – A Trade Dress Battle Shaping Beverage Branding

Introduction

In the ever-evolving landscape of the beverage industry, competition can become intense, especially when it comes to branding and product differentiation. A notable case that highlights the complexities of trade dress infringement and unfair competition is the lawsuit filed by Stateside Brands LLC against Anheuser-Busch Companies(Case Number- 2:2025cv06017). This civil action sheds light on the protection of brand identity and consumer perception in the marketplace, with significant implications for both parties involved. Stateside Brands LLC, a Philadelphia-based distillery, has carved out a niche in the market with its popular iced-tea and lemonade vodka beverage known as SURFSIDE. This product has garnered attention not only for its unique flavour profile but also for its distinctive packaging. The design features a striking gradient on the bottom, a bright white background adorned with a sun design, and a coloured rim at the top that captures the essence of summer. However, the tranquility of Stateside’s success was disrupted when they noticed that Anheuser-Busch, a giant in the beverage industry, launched a similar product named Skimmers. Almost immediately, Stateside claimed that Skimmers mirrored key elements of SURFSIDE’s trade dress—specifically the gradient design, color scheme, and overall packaging style. This revelation sent ripples through the industry, stirring concerns about trade dress infringement and the potential for consumer confusion. The details of both parties’ trade dress and design are below.

Statesides’s design and trade dress.

 

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Anheuser-Busch’s design/ trade dress.

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The Nature of Trade Dress Infringement

Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers. It encompasses elements such as color, size, shape, texture, and graphics. Trade dress infringement occurs when one company uses a design that is confusingly similar to that of another, potentially leading consumers to misidentify the source of the product. In this case, Stateside Brands alleges that Anheuser-Busch’s Skimmers not only imitates the SURFSIDE design but does so with the intent to exploit the existing market recognition and goodwill that Stateside has built over the years. The core of the legal issue revolves around whether the similarities in design are enough to confuse consumers and whether Anheuser-Busch intended to benefit from Stateside’s established reputation.

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The Argument for Unfair Competition

Unfair competition goes hand in hand with trade dress infringement. Stateside asserts that Anheuser-Busch's actions constitute unfair competition under the law, arguing that the resemblance of Skimmers to SURFSIDE threatens to mislead consumers. This potential for confusion could not only harm Stateside’s sales but could also dilute its brand identity. Stateside's claims will focus on demonstrating that consumers could mistakenly believe that Skimmers is affiliated with or somehow endorsed by SURFSIDE, which could adversely impact the perceived quality and value of their brand. In industries where products are often assessed on their visual appeal, the stakes of brand dilution can be particularly high.

Legal Framework

The legal framework for this case lies within the purview of U.S. federal law, specifically 15 U.S.C. § 1051 et seq., as well as Pennsylvania common law. The jurisdiction of the United States District Court for the Eastern District of Pennsylvania provides a venue where these claims can be adjudicated, with a jury trial demanded by Stateside Brands. In asserting their case, Stateside Brands will likely present evidence to demonstrate the distinctiveness of the SURFSIDE trade dress and the likelihood of consumer confusion caused by Skimmers. On the other hand, Anheuser-Busch may counter these claims by arguing that any similarities are purely coincidental or functional and that there is insufficient evidence to illustrate consumer confusion.

Potential Outcomes and Relief Sought

The relief sought by Stateside Brands is multifaceted and underscores the seriousness of their claims. They are seeking an injunction that would prevent Anheuser-Busch from continuing to use the allegedly infringing design. Additionally, Stateside is requesting an accounting and disgorgement of profits that Anheuser-Busch may have obtained through the sale of Skimmers, along with compensatory, treble, and punitive damages. The stakes are considerable for both parties. For Stateside Brands, this litigation isn’t just about damages; it’s about protecting the integrity of their brand and ensuring that their hard-earned reputation remains intact. For Anheuser-Busch, a favourable ruling could affirm their right to innovate in a competitive market without fear of unwarranted legal challenges.

Conclusion

As the case unfolds, it serves as a critical reminder of the importance of protecting intellectual property in the beverage industry. The outcome of the lawsuit could set a significant precedent for how trade dress is interpreted and enforced within the context of consumer products. It underscores the delicate balance between fostering competition and protecting the distinctiveness of established brands. Beyond the courtroom, this case reflects broader themes relevant to all industries where branding plays a crucial role in consumer choice. As companies strive to differentiate themselves in a crowded marketplace, the lines between inspiration and imitation can sometimes blur, leading to legal disputes that may reshape industry standards. Whether Stateside Brands will be able to successfully defend its trade dress, or whether Anheuser-Busch will prevail, remains to be seen, but the implications will resonate well beyond this particular dispute.