THE IP BRIEFINGNEW YORK
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Issue No. 058 · Story 03 · September 25, 2026

Trade Dress

Surfside Drops Trade Dress Case Against Anheuser-Busch

Stateside Brands and Anheuser-Busch agreed to end a federal trade dress case over the packaging of Surfside and Skimmers ready-to-drink cocktails, and the court dismissed the claims with prejudice.

  • §Stateside alleged that Skimmers copied elements of Surfside's can design, including bright stripes and a sun motif.
  • §The dismissal resolves all claims against Anheuser-Busch and prevents Stateside from refiling them.
  • §Each side will bear its own costs and attorney fees.
  • §The parties waived their appeal rights.

THE TAKEAWAY

Packaging claims depend on more than visual resemblance. A brand must also establish protectable, source-identifying trade dress, and a dismissal by agreement can leave that substantive question unresolved.

Source: Food Dive

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