NEW ORLEANS – The inventor and brewer of a discontinued beer known as Pirate's Blood alleges the trademark is being used to sell another beer.
Frank W. Ballero filed a complaint on Nov. 4 in the U.S. District Court for the Eastern District of Louisiana against 727 Inc., Tropical Isle Beverages LLC, Tropical Isle's Original Papa Joe's Inc. and Crescent Crown Distributing LLC
alleging that they violated the Louisiana Unfair Trade Practices Act.
According to the complaint, the plaintiff alleges that in 2009, he invented a red ale beer and marked it as Pirate's Blood, which was served and sold at defendants' establishments. The suit states the plaintiff discontinued production of Pirate's Blood in 2011, but the defendants continued to sell another beer under the Pirate's Blood name.
The plaintiff holds 727 Inc., Tropical Isle Beverages LLC, Tropical Isle's Original Papa Joe's Inc. and Crescent Crown Distributing LLC responsible because the defendants allegedly claimed that the beer they sold was Pirate's Blood and continued to use Pirate's Blood logo and name. As a result of defendants' actions, he alleges has suffered and will continue to suffer irreparable injury and loss of profits.
The plaintiff seeks to enjoin the defendants, profits, attorneys' fees and all other equitable relief. He is represented by Brian T. Carr and Lindsay M. Soboul of Brian T. Carr & Associates in Metairie.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-16098