Judge allows amended lawsuit in ‘dirty soda’ legal fight

Posted at 3:23 PM, May 09, 2016
and last updated 2016-05-09 17:23:26-04

SALT LAKE CITY — A federal judge has granted a request by Swig’s soda shops to amend its lawsuit against competitor Sodalicious in the ongoing legal battle over the use of “dirty sodas.”

In an order filed last week, U.S. District Court Judge Dale Kimball allowed Swig Holdings LLC to file an amended complaint against Sodalicious, detailing allegations of trademark infringement.

“The Second Amended Complaint also specifically identifies the types of alleged infringement defendants allegedly engaged in–for example, using the term ‘dirty’ in connection with soft drink combinations, selling only treats and drinks, using similar color schemes for stores and menu boards, selling drinks in styrofoam cups with large colorful straws, selling cookies partially frozen with room temperature icing, and using bubbles in its logo,” Judge Kimball wrote.

Sodalicious had claimed in court filings an amended lawsuit might be prejudicial in court, something the judge disagreed with.

Swig is suing Sodalicious, accusing it of infringing on its trademark on the word “dirty” to describe its sodas, which are flavored with specialty syrups. The sodas have become very popular in Utah, with long lines at the drive-thru shops as people add coconut and other flavors to their drinks.

The lawsuit has been winding its way through federal court, with a trial scheduled for August of 2017.

Read the judge’s order here: