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Death Wish Coffee Co has initiated a trademark infringement lawsuit against Liquid Death, a brand known for its edgy marketing of canned water and beverages.

The suit, filed in federal court in California, aims to prevent Liquid Death from launching a new line of coffee products that Death Wish claims infringes on its established 'Death' trademarks.

Death Wish, founded in 2012 and based in New York, argues that Liquid Death's proposed coffee products, including a 'Deathuccino,' would confuse consumers and dilute its brand identity.

The complaint highlights the "nearly identical aesthetic" shared by the two brands, both of which leverage a "death-themed" branding strategy that has garnered significant media attention.

Death Wish's legal filing states that the similarities in trade dress and branding could lead to consumer confusion, particularly as both brands may appear on retail shelves side by side.

The controversy arises as Liquid Death, which has gained popularity for its unique marketing approach to canned mountain water and sparkling beverages, recently filed trademark applications for "Liquid Death" and "Liquid Death Deathuccino" to enter the coffee market.

Death Wish contends that this expansion into coffee represents a direct threat to its business, which has established a strong foothold in the ready-to-drink coffee segment, selling products through major retailers such as Walmart, Target and Kroger.

In its 20-page complaint, Death Wish asserts that it has long held trademark registrations for various coffee-related products and has cultivated a distinct brand synonymous with high-caffeine coffee offerings.

The company’s filings note that it has successfully coexisted with Liquid Death thus far due to their differing product lines – until now. Death Wish claims that Liquid Death's venture into coffee could lead to "reverse confusion," where consumers might mistakenly believe that Death Wish's products are affiliated with or inferior to those of Liquid Death.

Before pursuing legal action, Death Wish says it attempted to negotiate with Liquid Death to abandon its trademark applications, but the latter reportedly expressed intentions to move forward with its coffee launch.

The lawsuit not only seeks to block Liquid Death from using any 'Death'-formative marks in connection with its coffee products but also demands punitive damages and reimbursement for legal fees. Death Wish's legal representation includes the firm BraunHagey & Borden LLP.

In response to the lawsuit, Liquid Death issued a statement asserting that it has no current plans to launch a ready-to-drink coffee product, although it is exploring future innovations within its brand. The company highlighted its view that no single brand can corner the term 'Death,' pointing to the existence of multiple brands using similar themes in various markets.

This legal battle underscores the complexities of brand identity in the beverage market, particularly as companies increasingly explore cross-category expansions.