Liquid Death Is Being Sued Over Alleged Trademark Infringement

In a battle of edgy drink brands, Death Wish Coffee is suing Liquid Death over the potential that the latter company may soon sell coffee products. As reported by FoodBev Media and Daily Coffee News, Death Wish expressed in an October 7 complaint that Liquid Death has filed a trademark for an unreleased drink named the "Deathuccino." On October 9, Liquid Death shared on Instagram, "we have no real plans to actually launch a coffee."

Death Wish alleges that the water company's expansion into the coffee space will confuse consumers with its similar, skull-based logo and "death" branding. Back in 2023, Death Wish sued another coffee company, Death Before Decaf, over its "edgy, rebellious" social media presence and use of the word "death" (via Sprudge).

Death Wish is known for making dark-roasted coffee with unusually high levels of caffeine to help customers grind through their day. Liquid Death, on the other hand, is known for selling water in a can to reduce plastic waste and give non-drinkers a beverage on a night out that looks like a beer. Notably, the two brands already have a history of social media banter. In 2022, Death Wish called out Liquid Death on Twitter (now X), asking, "How does it feel to be the world's weakest coffee?" Liquid Death replied, "We're actually water, not coffee. And without water, you are not coffee either. You'd just be Death Wish Bean Bags."

Social media greatly influences consumer eating habits, and food brands are no doubt aware of this. So, it's unsurprising that the battle between Death Wish Coffee and Liquid Death has expanded beyond the courtroom.

While Liquid Death denied any plans to release a coffee beverage, its October 9 Instagram post did take a jab at Death Wish's CEO, Steve Gardiner, for perhaps developing paranoia after drinking too much of the company's own coffee. The water brand suggested the executive switch to its new energy drink (coming in January), which only contains 100 milligrams of caffeine per serving — much less than Death Wish's 728 milligrams per 12-ounce cup. Liquid Death did, however, leave the door open for a future move into coffee and argued that no brand should own the word "death."

Liquid Death fans have flooded Death Wish's Instagram, poking fun at the company with Liquid Death GIFs and memes. Death Wish has yet to post about the lawsuit. This isn't the only high-profile lawsuit in the food space, as Smucker's is suing Trader Joe's over an allegedly copycat product.