Trapezoidal Shape for Tequila Bottle Not Distinctive, Infringement Claim Fails

The U.S. distributor of 1800 brand tequila failed to establish that its trapezoidal bottle shape was distinctive and thus could not establish a trade dress infringement claim against a bottle design used by Familia Camarena tequila, the U.S. District Court for the Eastern District of California ruled Jan. 30 (E. & J. Gallo v. Proximo Spirits Inc., E.D. Cal., 1:10-cv-00411-LJO-JLT, 1/30/12).

Granting summary judgment of noninfringement, the court emphasized the differences between the two tequilas’ trade dress as well as the common occurrence of trapezoidal bottles in the tequila market.

In a related ruling on the same day, ...