Jury Finds Competitor Liable for Infringement of Dan Aykroyd’s Crystal Head Vodka

A jury has unanimously found Elements Spirits Inc. and its founder liable for trade dress infringement of Globefill Inc.’s Crystal Head, a vodka created by actor Dan Aykroyd and sold in a skull-shaped container. Globefill Inc. v. Elements Spirits Inc., No. 10-­2034 (C.D. Cal., verdict entered March 29, 2017). Just before the case went to jury deliberation, Globefill called a final rebuttal witness, a sculptor who testified that the founder of Elements Spirits asked him in 2009 to create a mold of the Crystal Head skull bottle that served as the base for Elements Spirits’ Kah tequila bottles. After four hours of deliberation, the jury concluded the three-­week trial with a verdict for Globefill. See Law360, March 29, 2017.

Issue 629