Jury trial scheduled in Utah’s ‘dirty soda’ war, but settlement is possible

Posted at 1:25 PM, Dec 08, 2015
and last updated 2015-12-08 16:07:17-05

SALT LAKE CITY — A lawsuit over the “dirty soda” trend in Utah appears headed for a jury trial.

A Wednesday pretrial hearing in U.S. District Court was canceled as lawyers for Sodalicious and Swig agreed on a schedule for the trademark infringement case.

A court docket order showed U.S. District Court Magistrate Judge Evelyn Furse scheduled a week-long jury trial beginning Sept. 21, 2017 in the case.

While both sides are filing legal motions, a scheduling order obtained by FOX 13 indicated attorneys felt the potential for settling the lawsuit between the two flavored soda companies is “fair.”

From the court filing:

Screen shot 2015-12-08 at 1.16.11 PM

Swig is suing Sodalicious, accusing its rival of stealing not only its business model, but the use of the term “dirty soda,” in which drinks are flavored with specialty syrups. Swig claims it has the trademark to the “dirty” term, and it issued a cease and desist in 2014 to Sodalicious.

The sodas have become popular in Utah, with lines at drive-thru shops as people add coconut and other flavors to their drinks.