San Antonio-based H-E-B pulls cocktail mixers from shelves, citing trademark infringement

San Antonio-based H-E-B pulls cocktail mixers from shelves, citing trademark infringement
Instagram / swoon
New York-based Swoon Brands LLC is in hot water with grocery giant H-E-B, which has pulled the cocktail mix maker’s no-sugar products from store shelves, the San Antonio Express-News reports.

Apparently, there’s only room for one Swoon product in H-E-B groceries — and that's the grocery store’s private-label ice cream brand.

According to the daily, Swoon Brands LLC was known as Be Mixed, until a March 1 name change. Now, H-E-B is suing the company for trademark infringement in San Antonio federal court, seeking unspecified monetary damages.

H-E-B also wants the court to order the U.S. Patent and Trademark Office to cancel Swoon Brands’ trademark registration and to reject three pending applications.

“At H-E-B, we invest heavily in the development of our brands to provide our customers the best quality products,” spokeswoman Dya Campos told the Express-News in an email. “As a result, we cannot sit on the sidelines while others use without permission the intellectual property H-E-B and its partners have worked so hard to develop.”

Prior to the name change, the two sides spent several months trying to negotiate a compromise, the Express-News reports.

H-E-B’s lawsuit argues that Swoon Brands’ use of Swoon is “likely to confuse consumers.” That's troublesome, the grocery chain says, because “unlike Swoon Brands’ infringing Swoon products, H-E-B’s Swoon products are not zero-calorie or sugar-substitute products."

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Nina Rangel

Nina Rangel uses nearly 20 years of experience in the foodservice industry to tell the stories of movers and shakers in the food scene in San Antonio. As the Food + Nightlife Editor for the San Antonio Current, she showcases her passion for the Alamo City’s culinary community by promoting local flavors, uncovering...

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