Saeilo Enterprises, Inc., whose Kahr Arms divisions is a manufacturer of firearms including the Thompson submachine gun (a.k.a. “Tommy Gun”), filed suit on March 27, 2013 against Alphonse Capone Enterprises, Inc. for selling Tommy Guns Vodka. As shown above, this vodka is also sold in a bottle shaped just like the well-known gun that gained notoriety in the “gangster era” of the 1920’s.
Saeilo not only claims common law trade dress rights in the design of the Tommy Gun, but is the owner of United States trademark Reg. No. 2,885,628 for the word mark “Tommy Gun” and Illinois state registration number 100887 for the Tommy Gun design.
Notably, the Defendant had also obtained federal trademark registrations for the Tommy Gun word marks and for the bottle design, which date back to 2004 and 2005. See Registration Nos. 2,849,028, 2,696,412, 2,955,440 and 3,402,327.
Based on the alleged infringement of these rights, Saeilo has alleged ten different claims, including trademark infringement, trademark dilution, unfair trade practices and for cancellation of the defendant’s registered marks.
Please see the Complaint here.