A multinational food and beverage retailer has filed a trademark infringement lawsuit.
David Briggs Enterprises LLC, which is for its New Orleans Original Daiquiris and Fat Tuesday retail units, filed its lawsuit in federal court against 407 Bourbon LLC d/b/a Crescent City Pizza Works.
The suit alleges that the defendant is piggybacking on the goodwill and commercial success of DBE's brands. DBE is particularly known for its specialty frozen drinks, including the 190 Octane daiquiri.
According to the complaint, the plaintiff owns the trademark for 190 Octane and has used it since as early as 1984. It says the defendant uses the name 190 Antifreeze since at least 2022. DBE says it sent a cease-and-desist letter to the defendant in March 2023, but it says the defendant still uses the similar name for its frozen daquiri that's the same orange color as the plaintiff's 190 Octane.
The plaintiff says the defendant's actions creates a likelihood of confusion that is highly detrimental.
DBE seeks compensatory damages and an injunction prohibiting the defendant from continuing the alleged trademark infringement. It also seeks interests, court costs, attorney fees and other relief.