MONROE - The Minhas distillery is being sued in federal court for allegedly stealing a Minnesota distiller's concept and packaging design for a pink fruit-flavored vodka drink.
The lawsuit, filed Thursday in U.S. District Court in Madison by Crosby Lakes Spirits Co. of St. Paul, Minnesota, alleges that Minhas Micro Distillery infringed on trademarks for Crosby's Kinky brand of fruit-infused vodka liqueurs by making and selling Uptown Girl Flirty flavored vodka.
The lawsuit states Minhas "embarked on an unlawful campaign to lure customers into purchasing its fruit-infused vodka liqueur under the mistaken belief that it comes from, is sponsored by, or is associated or affiliated" with Kinky. Crosby claims the two products share the following elements: a bold hot pink liqueur; stylized pink font; scroll designs; contoured, frosted bottle; and unique product description in white font on the front of the bottle.
Minhas President Gary Olson could not be reached for comment Thursday evening.
In 2012, Kinky was the second-fastest growing brand of wine and spirits following its launch in 2011, according to the complaint. The Kinky line, which became available in Canada in 2012, sold more than 400,000 cases of Kinky in 2014.
The complaint states that a Crosby employee saw a poster advertising Flirty at a convention in Las Vegas in April, and that Crosby later learned an employee of the Liquor Barn store chain asked Minhas to create a "knock-off" version of Kinky "that could be sold more cheaply."
Crosby claims it sent a cease and desist letter to Minhas on April 10, but did not receive a response.
The complaint states the product descriptions are "strikingly similar."
On the bottle, Crosby's Kinky is described as a "naughty fusion of super premium vodka distilled 5 times with succulent mango, blood orange and passion fruit." Minhas' Flirty is described on the bottle as a "flirty marriage of our super premium vodka with luscious mango, blood orange and passion fruit flavours guaranteed to please all your senses."
The complaint states Crosby learned on Feb. 2 that Flirty is available for purchase at about 50 discount liquor stores in Alberta, Canada.
Crosby claims the similarities of the products are likely to "cause confusion" for customers due to the fact Flirty and Kinky are sold in the same geographic area and demands that Minhas be barred from "producing, promoting, advertising, distributing or selling" Flirty.
Crosby, which is asking for a jury trial, is also seeking damages and attorney fees.
The lawsuit, filed Thursday in U.S. District Court in Madison by Crosby Lakes Spirits Co. of St. Paul, Minnesota, alleges that Minhas Micro Distillery infringed on trademarks for Crosby's Kinky brand of fruit-infused vodka liqueurs by making and selling Uptown Girl Flirty flavored vodka.
The lawsuit states Minhas "embarked on an unlawful campaign to lure customers into purchasing its fruit-infused vodka liqueur under the mistaken belief that it comes from, is sponsored by, or is associated or affiliated" with Kinky. Crosby claims the two products share the following elements: a bold hot pink liqueur; stylized pink font; scroll designs; contoured, frosted bottle; and unique product description in white font on the front of the bottle.
Minhas President Gary Olson could not be reached for comment Thursday evening.
In 2012, Kinky was the second-fastest growing brand of wine and spirits following its launch in 2011, according to the complaint. The Kinky line, which became available in Canada in 2012, sold more than 400,000 cases of Kinky in 2014.
The complaint states that a Crosby employee saw a poster advertising Flirty at a convention in Las Vegas in April, and that Crosby later learned an employee of the Liquor Barn store chain asked Minhas to create a "knock-off" version of Kinky "that could be sold more cheaply."
Crosby claims it sent a cease and desist letter to Minhas on April 10, but did not receive a response.
The complaint states the product descriptions are "strikingly similar."
On the bottle, Crosby's Kinky is described as a "naughty fusion of super premium vodka distilled 5 times with succulent mango, blood orange and passion fruit." Minhas' Flirty is described on the bottle as a "flirty marriage of our super premium vodka with luscious mango, blood orange and passion fruit flavours guaranteed to please all your senses."
The complaint states Crosby learned on Feb. 2 that Flirty is available for purchase at about 50 discount liquor stores in Alberta, Canada.
Crosby claims the similarities of the products are likely to "cause confusion" for customers due to the fact Flirty and Kinky are sold in the same geographic area and demands that Minhas be barred from "producing, promoting, advertising, distributing or selling" Flirty.
Crosby, which is asking for a jury trial, is also seeking damages and attorney fees.