'Dirty soda' Utah court battle ends with legal settlement

Focused Practice

Two Utah chains that sell flavor-shot-spiked "dirty sodas" have settled their court battle over the sugary concept that's grown increasingly profitable in a state where sugar is a common vice, according to court documents filed Tuesday.

Soda shops Sodalicious and Swig will pay their own expenses, court papers said. The documents offer no details of the settlement terms and attorneys for the two sides did not return messages seeking comment.

Swig had accused competitor Sodalicious of copying the trademarked "dirty" idea, down to the frosted sugar cookies sold alongside the sweet drinks spiked with flavor shots, fruit purees and cream.

Both shops are known for their soda mixology. Swig's concoctions include the Tiny Turtle, which is Sprite spiked with green apple and banana flavors.

Swig sued in 2015 for damages and an order blocking Sodalicious from using words and signs similar to theirs. A trial had been set for this week, but it was on hold during settlement negotiations.

Sodalicious fought back, saying dirty is a longtime moniker for martinis and other drinks. They said tongue-in-cheek nicknames for concoctions like "Second Wife" make their business distinctly different.

Other sodas on their menu include the Rocky Mountain High, made with cherry and coconut added to Coke.

The court fight unfolded as the sweet drinks grew increasingly popular and profitable in a majority-Mormon state where sugar is a popular indulgence.

Both shops have more than a dozen locations across Utah, and have also expanded into the suburbs of Phoenix.

Related listings

  • Court gives government a win in young immigrants' cases

    Court gives government a win in young immigrants' cases

    Focused Practice 10/30/2017

    A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.The 2nd U.S. Circuit Court of Appeals in Manhattan directed Broo...

  • California hits Gatorade in court for "anti-water" videogame

    California hits Gatorade in court for "anti-water" videogame

    Focused Practice 09/22/2017

    Gatorade has agreed not to make disparaging comments about water as part of a $300,000 settlement reached Thursday with California over allegations it misleadingly portrayed water's benefits in a cellphone game where users refuel Olympic runner Usain...

  •  Man charged with killing Maine couple on Christmas in court

    Man charged with killing Maine couple on Christmas in court

    Focused Practice 07/20/2017

    The case of a New York man charged with killing a Maine couple on Christmas Day 2015 is scheduled to return to court in Portland.Police charged David Marble Jr. of Rochester with shooting 35-year-old Eric Williams and 26-year-old Bonnie Royer in Manc...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.