Death Wish Coffee Takes Legal Action Against Liquid Death Over Branding Rights
Death Wish Coffee has filed a federal lawsuit against Liquid Death, accusing the canned water brand of trademark infringement.
The conflict stems from Liquid Death’s trademark applications for coffee-related names like “Liquid Death” and “Deathuccino.” Death Wish, known for its high-caffeine coffee and skull-themed branding, claims the move could confuse consumers and dilute its well-established identity.
The lawsuit, filed in California, alleges that both companies’ use of dark, edgy visuals and the shared “Death” theme could lead to consumer confusion, especially if Liquid Death launches coffee drinks.
Death Wish also raised concerns about reverse confusion, where consumers might think its products are from, or affiliated with, the more well-known Liquid Death brand. Attempts to resolve the issue privately reportedly failed.
Liquid Death responded publicly, stating it has no immediate plans to launch coffee but maintains that no brand can monopolize the word “Death.”
This case is a timely reminder for businesses: distinct branding and proactive legal protection are crucial in competitive markets.
Branding Trademark: Why It Matters
First‑impression and shelf‑impact
- How packaging, naming, visual style affect how customers perceive your brand.
- In this case: Two brands with similar “DEATH” root, edgy look, could lead to confusion.
The business/moral asset of brand identity
- A strong, distinctive brand builds customer loyalty, premium pricing, and defensibility.
- Why a brand isn’t just a name – it’s trust, recognition, and unique positioning.
Legal dimension of branding
- A brand’s identity (name, look, feel, voice) can become a legal asset (trademark).
- When another business encroaches on that identity (name/appearance/market), there is risk of confusion, dilution, loss of uniqueness.
- The case demonstrates how even when two companies are in different product categories (water vs coffee), expansion by one into the other’s category can trigger conflict.
Key Lessons for Entrepreneurs & Creators
Choose a distinctive brand early
- Avoid names/themes that are overly common, generic, or similar to others in your category.
- Your brand should stand out and minimize risk of confusion.
Think about future product expansion
- Even if you’re in one niche now, your brand might expand – so ensure the name works broadly.
- Case: a water brand wanting to move into coffee triggered the dispute.
Monitor the market and your category
- Keep an eye on what other brands are doing, especially those that share similar branding elements.
- As your brand grows, you’ll want to protect it.
Protect your brand from the legal side
- Register your trademarks, monitor for infringement, and enforce when necessary.
- Legal protection isn’t optional if your brand becomes important.
Communicate your brand’s value internally and externally
- Your team and your market should clearly understand what your brand stands for. That clarity helps you avoid misalignment and brand dilution.
- For service providers (coaches, designers, marketing pros), branding is as important as your core offering.
*This article is meant to share general information, not legal advice. Reading it doesn’t create an attorney-client relationship. If you’d like tailored help protecting your brand, our Indie Law Team is here to guide you.