BuzzBallz has made its spherical bottles an essential part of the brand – and it’s not eager to share.
The wine-, spirit- and malt-based cocktail brand filed a lawsuit against The Beverage Ranch last week, alleging the rival company copied its patented packaging for its new SlamZees line.
The complaint was filed in the U.S. District Court for the Western District of Texas on June 21, and centers on a U.S. Patent No. abbreviated as “the 955” patent, which was issued to BuzzBallz founder Merilee Kick in 2022 and pertains to the design of BuzzBallz’s unique containers. BuzzBallz claims that SlamZees, which also come in truncated, round, plastic containers, directly infringe on at least two claims of the BuzzBallz patent.
BuzzBallz was started in 2009 when founder Merilee Kick was a high school teacher, studying for her MBA. In the following decade, the brand has grown into a more than $1 billion company with distribution in all 50 states and in 27 countries. Spirits giant Sazerac announced plans in March to acquire BuzzBallz and its parent company Southern Champion’s ready-to-drink (RTD) portfolio.
According to the complaint, BuzzBallz sent a cease and desist letter to The Beverage Ranch in January after a member of The Beverage Ranch team promoted SlamZees on Instagram prior to the product being widely available. BuzzBallz reiterated the company’s stance in March with a second notice, meanwhile the Beverage Ranch moved forward selling SlamZees on a wider scale.
The new “party drinks” come from a Texas brand incubator co-founded by Rhett Keisler, the co-founder and former president of Texas-based Revolver Brewing, and Ryan Baird, previously co-founder and CEO of Houston’s Yellow Rose Distilling. The incubator’s portfolio also includes agave-wine Watertight Cocktails and wine-based honey cocktails Meridian Hive.
SlamZees’ launch was announced via press release in partnership with RNDC in May. At 15% ABV, the products are described as fulfilling “consumer demand for higher alcohol single serve options in nostalgic, fruity and decadent flavors.” Made in Dripping Springs, Texas, and described as uniquely resealable and stackable, the initial six flavors include Watermelon Kiwi, Sour Strawberry, Cherry Limeade, Cookies and Cream, Banana Pudding and Fruity Cereal.
BuzzBallz is asking the court to grant injunctive relief to stop The Beverage Ranch from manufacturing and selling any products that infringe on the patent, and is claiming damages. A summons was issued June 24 requiring The Beverage Ranch to respond in 21 days.
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