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Advertising Law Updates

| 1 minute read

Breaking Bad v. Breaking Bud

Sony has filed suit against Knee Deep Brewing Company alleging their "Breaking Bud" beer is an infringement of Sony's rights in Breaking Bad.  The Complaint, filed in the Central District of California, states that Breaking Bad "has been ranked by the Guinness World Records as the most critically acclaimed show of all time and has been cited as one of the greatest television series in history."  Sony says it operates an extensive licensing program for official Breaking Bad merchandise, including a pending license deal for vodka.

Breaking Bud beer, Sony argues, obviously is designed to trade on the fame and recognition of Breaking Bad.  In addition to using a virtually identical logo, the beer label is said to show a character in a hazmat suit in the desert with an RV - all elements from the show.  Sony claims that rather than establishing its own identity, Knee Deep Brewing is opting to "hijack the famous brand identity" of Breaking Bad.

The Complaint alleges trademark infringement, dilution, false designation of origin and unfair competition, among other claims.  Sony asks for all Breaking Bud materials to be destroyed, and for a permanent injunction against future use of anything similar to the Breaking Bad trademarks.   

    

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trademark