Two edgy beverage brands – one built on extreme coffee, the other on punk rock mineral water – are now squaring off in an ugly trademark fight. Death Wish Coffee is taking on Liquid Death, arguing that years of peaceful coexistence between the two brands is “coming to an end.” In a newly-filed lawsuit, Death Wish is aiming to block Liquid Death’s “planned” expansion into coffee products, arguing that the use of the LIQUID DEATH name on coffee will confuse consumers.
According to the complaint that it lodged with a California federal court this month, Death Wish claims that Liquid Death is preparing to start selling branded coffee, a move that would enable it to “trad[e] on Death Wish’s brand and goodwill” and to drown out the older-but-smaller Death Wish brand in the market.
Death Wish alleges that Liquid Death follows a pattern of mid-year trademarks filings for new product names followed by January launches of those goods. Based on this timing, a January 2026 coffee debut of Liquid Death coffee is in the works, Death Wish asserts, toeing the line between getting ahead of an allegedly damaging launch and asserting purely hypothetical harm.
With Liquid Death’s alleged launch of coffee products under a “confusingly similar” name in mind, Death Wish says that the defendant is engaging in federal trademark infringement and false designation of origin/unfair competition. It is seeking a declaration from the court that Liquid Death’s trademarks for coffee are not registrable, as well as declaratory relief that any “DEATH”-formative mark used by Liquid Death on coffee infringes its pre-existing rights.
Insights for Retailers
Hardly just a fight over coffee-centric trademarks, the early round of the case provides some broader insights for retailers …
> Expansions can trigger confusion: Framing the matter as a textbook reverse-confusion case, Death Wish alleges that Liquid Death has attained prominence in the sparkling water category by “inundating internet media and other advertising channels with promotions” for its products.” Against that background, Death Wish argues that when Liquid Death “aims this massive promotional machine at the market for coffee beverages,” it is likely to cause “reverse confusion” and deceive consumers into believing Death Wish is associated or affiliated with Liquid Death.
In other words, Liquid Death’s fame outside the category at play (coffee) makes it more likely that reverse confusion will play out if/when the company expands into categories beyond water. This means that the well-known nature of the Liquid Death brand may be both an asset for the company in its expansion efforts, as well as the key to claims of reverse confusion.
Hardly an uncommon state of affairs, expansion is the name of the game across the retail industry, as companies move into complementary categories and increasingly, into entirely new ones, leveraging their established trademarks to unlock new distribution, price points, and consumers. (Personal luxury goods groups efforts to move into hospitality and broader lifestyle ventures comes to mind here, as companies look to cater to consumers’ enduring interest in health/wellness, travel, and experiences.)
As brands push into adjacent categories, potential issues stemming from earlier coexistence arrangements and the heightened risk of confusion move to the forefront, making clearance strategy, packaging – and product marketing – differentiation, geographic markets, and launch timing critical considerations.
> USPTO filings as evidence: Death Wish claims that court intervention is necessary now in light of the upcoming launch of Liquid Death coffee products. Evidence of that launch, according to Death Wish: A trio of coffee-centric trademark applications that the company filed in May 2025. The trademark applications include a sworn assertion of a bona fide intent to use the marks, which Death Wish claims are evidence that Liquid Death intends to launch infringing coffee products in or around January 2026 or soon thereafter.
Interestingly, despite the intent to use claims, Liquid Death denied plans to launch coffee, saying in an Instagram post after Death Wish filed suit that it has “no real plans to actually launch a coffee.”
Either way, the takeaway here for legal teams: treat trademark applications as discoverable timelines. They do not just reserve rights; they serve to signal intent.
> Seasonal retail resets as legal pressure points: Death Wish’s narrative is tailored to Liquid Death’s annual product lineup reset. It catalogues Liquid Death’s pattern, namely sodas, which saw the company file trademark applications in July 2024 and launch the products in January 2025; and energy drinks, which saw trademark filings in June 2025 and a “recent” announcement that a launch is planned for Jan. 2026. Against this background, Death Wish maintains that Liquid Death’s May 2025 trademark filings for coffee-related products signal a Jan. 2026 coffee drop.
For any retailer with a specific product release cadence (January, back-to-school, holiday, etc.), assume plaintiffs will designate those windows as the operative “moment of harm.”
In a statement posted on Instagram in response to the lawsuit, Liquid Death said: “Death Wish Coffee and its lawyers have filed a lawsuit in an attempt to stop Liquid Death from ever launching our own brand of coffee. BUT we have no real plans to actually launch a coffee. Perhaps the executives at Death Wish Coffee are amped up on too much caffeine to be this paranoid about the future? Which is why the new CEO at Death Wish (Steve Gardiner) may want to consider trying our new better-for-you energy drink (coming in January) that has zero sugar, 5 calories, essential vitamins, and a sane level of caffeine (100mg).”
It continued: “And whether or not we ever go into coffee one day, we don’t believe any one company can legally own the word DEATH regardless of how it’s used. And since Death Wish publicly filed their lawsuit against a Liquid Death product that doesn’t exist, feel free to let them know on their socials whether or not you support their case. And be sure to listen to some of the great bands like Converge on Death Wish Inc. (the iconic hardcore record label) that has been around for over 25 years, long before the coffee brand.”
The case is Death Wish Coffee, LLC v. Liquid Death, 2:25-cv-9583 (C.D. Cal.).
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