After almost seven years of back and forth legal battles, a jury deliberated for almost four hours before reaching a unanimous verdict in favor of Globefill Inc. (Crystal Head Vodka) suit against Elements Spirits Inc. (Kah Tequila) for infringement of Globefill’s bottle trademark of its unique crystal skull shaped vodka bottle. Actor Dank Akroyd’s vodka brand had brought a suit against the tequila maker claiming they infringed on Globefill’s trademark due to the similarities between both bottles. The case had gone to a jury trial in 2010 in which Elements was found not guilty of infringement but the case was set for a new trial because the defense had improperly referenced Mexican case law. At trial this week, the plaintiff’s attorney asked for permission to call one final rebuttal witness before closing arguments. U.S. District Judge Consuelo B. Marshall assented the requested and Globefill called to the stand tattoo artist and sculpture Walter Szymoniak who was commissioned to create the bottle for Elements. During questioning, Szymoniak dropped a bombshell, testifying that Elements founder Kim Brandi had lied under oath during previous testimony in the case. According to Law360, in 2009, Brandi met Szymoniak and told him she was trying to launch a tequila that would be contained in bottles that resembled Mexican Day of the Dead sugar skulls, or calaveras. Szymoniak said that he told Brandi he had experience with sculpting, casting and molding, and he was then hired to help her improve on her first clay prototype….

Posted in alcohol beverage law, Lawsuits, Litigation | Tagged crystal head, litigation, Oren | Comments Off