A battle over seltzer between Molson Coors and a small beverage processor has concluded with the small processor agreeing to squelch its product.
Future Proof Brands, based in Austin, Texas, had sued Molson Coors after its rollout of Vizzy Hard Seltzer. Future Proof claimed that the name infringed upon its existing product, Brizzy Hard Seltzer.
In a settlement in Texas federal court, Future Proof, even though it was the plaintiff, agreed to stop making or marketing Brizzy. The settlement did not state what consideration Future Proof received for this concession.
The case had received some attention because of the fast increase in popularity of hard seltzer; Vizzy had almost a 3% market share in 2020 with only one SKU, according to Molson Coors. It also drew notice because Future Proof, while a small, entrepreneurial firm, had appeared on the CNBC show “Shark Tank” in connection with an unrelated new product.
