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LITIGATION NOTE: Crowell & Moring Secures Win for Client Molson Coors’ Hard Seltzer Launch

Firm News | 1 min read | 04.10.20

New York – April 10, 2020: In February 2019, Future Proof Brands LLC filed a trademark infringement lawsuit against Crowell & Moring client Molson Coors Beverage Co. and requested a preliminary injunction to bar it from selling or marketing its new Vizzy hard seltzer, citing a November 2018 trademark application for the name Brizzy. On March 25, 2020, U.S. District Judge James R. Nowlin denied Future Proof’s motion.

The hard seltzer market is exploding and Molson Coors had made it a priority to launch Vizzy in March. The plaintiff, Future Proof, launched its Brizzy hard seltzer in September 2019 and claimed Molson Coors’ Vizzy hard seltzer would be confused with Brizzy. With Vizzy’s launch pending, Future Proof moved for a preliminary injunction to block Molson Coors from its launch. The Crowell & Moring team challenged the preliminary injunction and early discovery motion on the grounds that the Brizzy mark was weak, there was little evidence of actual or prospective confusion for consumers, and there was no irreparable harm.

The judge set both for a hearing and then allowed a full expedited briefing. On reading the briefs, however, Judge Nowlin canceled the hearing and denied both. In addition, the judge noted that Molson Coors came up with the name Vizzy for its hard seltzer product before Brizzy was launched, making it “incredibly unlikely” that it intended to capitalize on the Brizzy name. Vizzy is now launching nationwide.

Crowell & Moring represented Molson Coors in the matter. The team included partners Mark Klapow, Chris Cole, Vince Galluzzo and Dave Ervin, and associate Mara Lieber. The team was assisted by local counsel Pete Marketos and Brett S. Rosenthal of Reese Marketos LLP.

The case is Future Proof Brands LLC v. Molson Coors Beverage Co. and MillerCoors, No. 1:20-cv-00144, in the U.S. District Court for the Western District of Texas.

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Firm News | 1 min read | 03.11.25

Crowell & Moring Represents Nuclear Energy Startup Atomic Alchemy in its Acquisition by Oklo

March 11, 2025: Oklo Inc. (NYSE: OKLO), an advanced nuclear technology company, announced on March 5, 2025 that it has closed the $25 million acquisition of Crowell client Atomic Alchemy Inc. (“Atomic Alchemy”), a leading innovator in radioisotope production. Oklo intends to use this strategic acquisition to establish a more reliable domestic supply chain for high-value radioisotopes critical to healthcare, research, and defense sectors and provides synergies to Oklo’s fuel recycling and nuclear energy businesses. Demand for radioisotopes is expected to increase significantly over the next decade, while global supply struggles to keep pace due to aging reactor infrastructure and a fragmented global supply chain, which at present is dominated by countries outside the United States. Atomic Alchemy intends to be a low-cost U.S. radioisotope producer that can provide a secure and domestic supply of radioisotopes to U.S. companies commercializing innovative radioisotope applications. With its proprietary VIPR® technology, Atomic Alchemy is building the first scalable production facility to provide a reliable, sustainable source of high-value radioisotopes. Using a vertically integrated model and fuel recycling, in partnership with Oklo, Atomic Alchemy is transforming isotope production to address global shortages, support critical applications, and strengthen national security. The core deal team included Samuel Holland Edwards, Jon O’Connell, Justin Lurie, and Ryan Flynn....