Utah’s ‘dirty soda’ war may be settled by a jury

Posted at 4:08 PM, Jul 30, 2017
and last updated 2017-07-31 10:02:43-04

SALT LAKE CITY — Utah’s “dirty soda” war may ultimately be settled by a jury.

A federal judge has scheduled a seven-day trial beginning in November 2018 in a long-running lawsuit between Swig and its competitor, Sodalicious, over who can use the term “dirty sodas.”

Swig sued Sodalicious back in 2015 for trademark infringement, accusing it of improperly using the term “dirty” to describe the flavored sodas that are hugely popular in Utah with lines often stretching out of the shops and into the streets. Swig has also accused Sodalicious of copying its look and business model.

Sodalicious has a counter-lawsuit, claiming that it is not the only flavored soda shop in Utah to use “dirty” to describe the drinks.

In an order signed earlier this month, U.S. Magistrate Judge Dustin Pead set a seven day jury trial beginning Nov. 5, 2018. Despite previous filings that said settlement talks were off, Judge Pead’s order indicated a “fair” chance of resolving the case ahead of trial. He gave both sides until March of next year if any settlement were to be reached.