A spirits company that touts itself as offering “ultra smooth vodka, big flavor [and] no apologies” is suing GOAT, alleging that the fashion resale platform is engaging in “unjustified trademark bullying” in an attempt to monopolize a common and increasingly crowded word in the branding landscape: GOAT. In the complaint that it filed on August 11 in the U.S. District Court for the District of Maryland, Trippy Goat asserts that while it is entitled to register and use a series of goat-themed trademarks – including TRIPPY GOAT, a goat head design logo, and slogans like “IT’S ALL ABOUT THE GOAT” and “GO FOR THE GOAT” – in connection with its vodka and merch business, resale platform GOAT is standing in the way.
At the heart of the dispute is whether consumers are likely to confuse a craft distillery’s use of “goat” imagery and language with an e-commerce platform that specializes in authenticated sneakers and apparel.
Alcohol vs. Sneakers
Setting the stage in its complaint, Trippy Goat says the dispute began in October 2023, when GOAT sent it a cease-and-desist letter alleging that its use of goat-themed branding infringed GOAT’s trademark rights. In the letter, GOAT cited “concern[s] that consumers will be confused as to an affiliation or relationship between the [parties’] products and/or companies,” Trippy Goat contends. When the spirits company and merch brand refused to abandon its marks, it claims that GOAT escalated the matter by filing an opposition with the U.S. Trademark Trial and Appeal Board (“TTAB”), seeking to block registration of all four of Trippy Goat’s applications, which cover alcoholic beverages, branded apparel, and related online retail services.
In furtherance of its opposition, GOAT has argued that the overlap in the two companies’ offerings, including apparel, “creates a likelihood of consumer confusion,” even if their core goods differ.
Trippy Goat pushes back in its complaint, arguing that GOAT’s trademark rights are “narrow” and “limited to [its] role as a resale marketplace for third-party goods in the sneaker and streetwear space,” not as a manufacturer or primary seller of its own branded apparel. The spirits brand also points to what it calls a “crowded field” of existing registrations – dozens of active “goat”-formative marks for clothing – that it says, “further weakens” GOAT’s claim to exclusivity.
More
