March 21, 2022
In a lawsuit recently filed in California, 512 alleges that Jenner’s 818 branding “blatantly copied the branding of 512 tequila”, instead of creating its own standalone design. The similarities between the designs include a yellow rectangle on the front of each bottle, using area codes as a naming convention, and a related-looking font.
Saying its lawsuit goes beyond lost sales, 512 notes that the market confusion could cause long-term dilution of its brand. This is especially concerning to 512 given that Jenner has previously received criticism in connection with 818, for appropriating Mexican culture in the brand’s promotional images.
Interestingly, the potential confusion has also extended into the virtual space. In Jenner’s sister’s mobile game, “Kim Kardashian: Hollywood”, there was a period of time where gamers could purchase virtual bottles of Jenner’s tequila – but the image used for the bottle was reportedly that of 512. The lawsuit states this was either an intentional move by 818 to “further blur the lines between the two products,” or the result of actual confusion because the images are so similar.
Authors: Em Windrim and Mark Leonard