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Saturday, April 27, 2024

Lagunitas Brewing Company sues Soltura for false advertising

Federal Court
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Beer | Tembela Bohle/Pexels

MIAMI — Lagunitas Brewing Company is suing Soltura alleging false advertising of its products.

Lagunitas Brewing Company claims that the defendant is engaged in false advertising, deceptive trade practices and copyright infringement related to its beer brand "CERVEZA PALMA," according to a complaint filed in U.S. District Court for the Southern District of Miami.

Lagunitas claims that Soltura's PALMA beer, targeted at the Cuban-American community in South Florida, intentionally mimics the label design of the CRISTAL beer produced in Cuba.

Despite the packaging suggesting a Cuban origin with the slogan "La Preferida de CUBA," the plaintiffs argue that PALMA beer is actually produced in Nicaragua, leading to widespread confusion among consumers who believe it violates the U.S. embargo against Cuba.

The plaintiff claims that Soltura has infringed upon its registered copyright, specifically the Three Palms Logo, by replicating and modifying it without permission. 

The plaintiff claims Soltura's packaging has the capacity to deceive consumers into believing PALMA beer is associated with Cuba, despite being brewed in Nicaragua and lacking any Cuban-derived ingredients.

Lagunitas is seeking damages. It is represented by Mark A. Salky, James E. Gillenwater and Steven J. Wadyka Jr. of Greenberg Traurig.

U.S. District Court for the Southern District of Florida case number: 1:23-cv-24350

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