In November 2020, Timeless Spirits registered the slogan “Timeless Vodka Moments Matter, Make Them Timeless” as a protected trademark. According to the lawsuit, Bacardi allegedly learned about this a month later when the brand’s owner, Amber Ferrell-Steele, applied for a grant from the corporation, emphasizing the strategic importance of the phrase “Moments Matter.” Although the grant application was rejected, Bacardi filed its own trademark, “Make Moments Matter,” a year later, which Timeless considered a deliberate act.
In July 2022, Timeless sent a cease and desist letter when Bacardi used the disputed slogan in social media and advertisements. In response, the company withdrew its registration application in 2023, but – according to the lawsuit – it did not stop using the slogan. This is a key point of contention: Timeless argues that Bacardi’s continued use of the phrase misleads consumers, harming the reputation of the smaller brand, which has sold 26,000 bottles with the disputed mark.
The lawsuit points to the infringement of not only the word mark but also the so-called trade dress – the overall visual image of the brand. Timeless emphasizes that Bacardi, the owner of Grey Goose, Bombay Sapphire, and Dewar’s, deliberately exploited the similarity of the slogans to discredit its competitor. This is the first such case in the industry where slogans are an integral part of the product premiumization strategy.
The dispute goes beyond the alcohol market – it touches upon the fundamental issue of protecting marketing phrases in the era of global campaigns. If the court sides with Timeless, it will set a new standard for similar cases, where large corporations may be forced to verify their slogans for potential conflicts with smaller players. The decision could also affect the practice of trademark registration – today, many companies deliberately delay registration, first testing slogans in campaigns.
The David vs. Goliath battle in a Texas court shows how even a local brand can challenge an international giant when it has strong legal arguments. Regardless of the outcome, this case will force the industry to reflect on the value of words in branding strategies.
Fill out the form and we will get back to you within the next … with a preliminary quote.
