Slovak Baron Empey Murphy & Pinkney LLP

Buzzbox Beverages, Inc. and Bendistillery, Inc. Successfully Defend Trademark Infringement Claims

Palm Springs business litigation law firm, SBEMP, LLP, was contracted to defend Buzzbox Beverages, Inc., et al. in a trademark case in connection with its ready-to-drink cocktail products concerning BuzzBallz, LLC.


Palm Spring, CA -- (ReleaseWire) -- 08/01/2016 --SBEMP, LLP, a client-focused results business litigation law firm in Coachella Valley, today announced that on June 10, 2016, a jury in Los Angeles, California returned a unanimous verdict in favor of a local manufacturer of ready-to-drink premium cocktails and its spirits manufacturer. SBEMP represented the defendants in the case of BuzzBallz, LLC v. BuzzBox Beverages, Inc., et al. Case No.: 5:14-cv-01725 (United States District Court, Central District of California).

Plaintiff BuzzBallz, LLC, a Carrolton, Texas company, sells ready-to-drink cocktails in a plastic ball-shaped container using the trademark "BuzzBallz." BuzzBox Cocktails is a Palm Desert, California company that sells ready-to-drink premium cocktails in juicebox-like containers under the brand name "BuzzBox." Bendistillery manufacturers some of the spirits used in the production of BuzzBox's products and is located in Bend, Oregon. Defendant, Buzzbox Beverages, Inc. and Bendistillery, Inc., contracted Palm Springs business litigation law firm, SBEMP, for representation.

Plaintiff alleged that the use of the trademark "BuzzBox" in connection with ready-to-drink cocktails was confusingly similar to its "BuzzBallz" trademark. Plaintiff also claimed that the graphic used with the BuzzBox name was confusingly similar to Plaintiff's graphic trademark.

At issue in the case was whether "BuzzBox" was confusingly similar to "BuzzBallz" in the ready-to-drink cocktail market. In the verdict, the jury answered no. It found that "BuzzBox" was not confusingly similar and that there was no trademark infringement in the use of the term "BuzzBox." The jury found that BuzzBox's graphic image was likely to cause confusion with BuzzBallz' logo, but awarded zero dollars because there was no evidence of damages. The jury returned a defense verdict for Bendistillery on all claims.

As a result, BuzzBox may continue to use its trademark in connection with its ready-to-drink cocktail products. Rod Vandenbos, BuzzBox's president and founder, was thrilled with the verdict. "This is a hugely significant victory for us," he said. "We are a young company starting to develop a great brand on a national scale. The jury clearly recognized that there is plenty of room for competition in this market and that there was nothing confusing about the two products."

About BuzzBox Beverages, Inc.
BuzzBox Premium Cocktails is a first of its kind beverage manufacturing company that has created all-natural, single-serve, ready-to-drink cocktails in recyclable, eco-friendly, and energy efficient packaging. Its proprietary packaging allows its cocktails to be consumed directly from the box with an attached straw, directly from the box using the pour spout, or conveniently poured over ice.

Information about the company may be found at

With 20 attorneys, SBEMP is the largest Coachella Valley-based law firm. It has offices in Palm Springs, San Diego, and Orange County, California as well as Princeton, New Jersey. SBEMP is a full-service firm providing both business and litigation services.

Shaun Murphy, a partner and lead counsel in the case, chairs the firm's litigation practice group and is an experienced trial attorney with several million-dollar judgments on behalf of the firm's clients. For more information about this case and our Palm Springs commercial litigation, please contact Shaun M. Murphy at 760-322-2275 or

For more information about SBEMP, LLP, please visit our website: