Kühl, the second largest privately held apparel brand in the outdoor industry, has filed suit against Jägermeister, the alcoholic beverage manufacturer and its creative ad agency Opperman Weiss, for the unauthorized use of its Kühl trademark.
The suit was filed in the U.S. District Court for the District of Utah Central Division alleging trademark infringement and dilution. Kühl filed suit to protect the Kühl brand and ensure that customers are not confused into believing there is an affiliation with Jägermeister.
Kühl took legal action in response to Jägermeister’s U.S. advertisement campaign initiated by creative agency Opperman Weiss which prominently features the Kühl trademark in their new ad campaign.The English translation of Kühl, of German origin, is “cool.”
Kühl is a lifestyle brand with several trademarks including clothing and broader classes dating back to 1993, including class 032 for spring water and beverages. Kühl promotes a healthy lifestyle and did not endorse or authorize the use of its trademark by Jägermeister, an alcoholic beverage.
Established in 1983, Kühl is an iconic brand whose name and mountain crest are instantly recognizable and distinctive in the marketplace. Kühl is the second largest privately held apparel brand in the outdoor industry and does well over $200 million in retail sales in the U.S., selling approximately one million pair of its legendary pants per year.
Kühl sells to 1,000 retail companies in over 3,000 locations including REI. Kühl sells direct to customers at Kühl.com as well as on internationally recognized online retailers Zappos and Backcountry.com. The company operates its own flagship store in Park City, UT, home to both the Sundance Film Festival and the largest ski resort in North America. In addition to being a prominent brand in the U.S. Kühl has an office in China as well as Kühl International GmbH in Switzerland to support the brand’s growing European and international presence in over 35 countries.
“Using the trademarked name Kühl to promote Jägermeister tarnishes our brand and is a clear infringement of our trademark rights. When I received a screenshot from a magazine publisher asking if Kühl did a collaboration with Jägermeister I know this has created confusion and dilution in the marketplace. The Kühl trademark is unique and distinctive in its appearance, and also, because it has more than one meaning. In German the word ‘Kühl’ is used in reference to temperature. It’s not used in reference to ‘smooth,’ ‘laid back,’ ‘hip’ or ‘in style.’ We have to protect our customers from the confusion and dilution caused by the Jägermeister campaign,” said Kevin Boyle, the founder and president of Kühl.
Kühl said it takes strides to ensure that the marks of other companies are not violated in its operations and will not stand under threat of trademark breaching. The mark is iconic and has come to be recognized as an asset of substantial value and the symbol of Kühl, its quality products and good will. Kühl has suffered and will incur loss of revenue and goodwill due to the confusion of the Jägermeister trademark infringement.
Additional marks owned by the company include “Born in the Mountains,” “Mountain Grown” and “Mountain Culture.”
