Annie Hunt Apr. 12, 2016, 7:25pm

PHILADELPHIA — A growler manufacturer is suing over an alleged infringement of its trademarked growler design.

Industrieglas Wessman GMBH & Co. filed a lawsuit on April 5 in the U.S. District Court for the Eastern District of Pennsylvania against Growlergrips LLC, citing trademark infringement under the Lanham Act, false designation, and unfair competition.

According to the complaint, the plaintiff is the owner of all right, title and interest in distinctive trademarks and trade dress comprising distinctive configurations of beer containers with distinctive handles. The plaintiff’s growler design was reportedly registered with the U.S. Patent and Trademark Office on March 6, 1990, and on June 9, 1998.

The plaintiff claims that the defendant has used their design and is selling and distributing the plaintiff’s growlers in conjunction with selling and distributing the handle design. The plaintiff avers that the defendant is aware of the infringement but continues to sell the products.

Industrieglas Wessman GMBH & Co. seeks that the defendant be permanently enjoined from infringing on their growler design, delivery and destruction of all infringing products, compensation for monetary injuries, all profits attributable to the infringement, costs, attorneys’ fees, and a trial by jury. It is represented by Harvey Freedenberg of McNees Wallace & Nurick LLC in Harrisburg.

U.S. District Court for the Eastern District of Pennsylvania Case number 5:16-cv-01555-JFL

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U.S. District Court of Eastern District of Pennsylvania
601 Market Street
Philadelphia, PA 19106

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