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Trademark Trouble: Timeless Spirits Takes on Bacardi in Brand Identity Battle

Exclusive Feature | Reported by Bancm

by Bar and Club Magazine editorial team
June 5, 2025
in Food & Beverage, Industry News, USA
0
Trademark Trouble: Timeless Spirits Takes on Bacardi in Brand Identity Battle
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In the world of premium spirits, where storytelling is almost as valuable as the product itself, few assets carry as much weight as a brand’s tagline. Now, in a legal twist blending craft ambition with corporate might, US-based vodka brand Timeless Spirits and Drinks LLC is squaring up to global industry titan Bacardi, accusing the drinks giant of trademark infringement and unfair competition.

At the centre of this dispute is a six-word phrase: “Moments Matter, Make Them Timeless”—a slogan Timeless Spirits claims to have not only originated and registered, but also pitched directly to Bacardi in a grant application back in 2020. Fast forward to 2025, and Bacardi stands accused of lifting the essence of that slogan for its own campaign, now emblazoned with the phrase “Make Moments Matter.”

The case, filed earlier this month in the Southern District of Texas, may appear on paper to be a straightforward trademark issue—but it touches on deeper tensions that exist in the spirits industry: between creativity and commerce, legacy and innovation, big business and independent ambition.


The Background: A Toast Turned Tense

Timeless Spirits is no industry behemoth. The Houston-based craft vodka brand prides itself on producing small-batch, premium-quality spirits with a focus on authentic messaging. According to their complaint, the now-contested phrase was first crafted as part of their marketing vision in early 2020. That same year, they submitted the slogan as part of a Bacardi-backed grant programme aimed at supporting diverse entrepreneurs in the drinks space.

The trademark “Moments Matter, Make Them Timeless” was registered that same year by Timeless Spirits and Drinks LLC. They allege that Bacardi was not only aware of their branding—but later adopted a near-identical phrase for their own campaigns, despite formal objections being raised and a cease-and-desist letter issued.

Bacardi has since withdrawn its own attempt to register the phrase “Make Moments Matter,” but according to the lawsuit, continues to use the slogan across advertising and promotional materials, especially in digital and social media campaigns.


The Claims: A Clash of Messaging and Market Power

Filed under the Lanham Act (15 U.S.C. § 44), the suit accuses Bacardi of trademark infringement, dilution, and engaging in unfair competition. Timeless is seeking a court injunction to stop Bacardi from using the slogan, along with financial remedies that include disgorgement of profits, damages, and legal costs.

But the case is not simply about a slogan—it’s about recognition, respect, and the balance of power within the spirits industry. According to Timeless, Bacardi’s actions amount to “a calculated decision” to leverage the brand equity built by a smaller business—without consent or compensation.

“This isn’t just a matter of similar words,” said a representative close to the claim. “It’s about a fundamental principle: whether emerging brands can protect their intellectual property and ensure their creative identities aren’t co-opted by global players with vastly superior resources.”


The Broader Context: A David and Goliath Story in Spirits

The Bacardi-Timeless conflict echoes a growing trend across consumer industries, where small independent brands often find themselves battling to defend unique ideas against far larger conglomerates. In the spirits world—where every word, label and story is crafted for maximum emotional resonance—the stakes are particularly high.

Brand identity is not simply a matter of marketing; it’s a cornerstone of consumer trust. A brand’s slogan is often its introduction, its philosophy distilled. In a market where connection and meaning sell as much as taste or bottle design, an evocative phrase can become invaluable.

For Bacardi, a household name with over 160 years of brand heritage, this lawsuit is unlikely to pose serious financial risk. But the reputational question looms larger. As consumers become more attuned to stories of brand integrity and support for independent businesses, such cases can spark wider scrutiny and debate.


What Comes Next: Possible Outcomes and Industry Impact

While the case remains in its early stages, the court will now assess whether there is indeed sufficient similarity between the two slogans to cause market confusion or suggest unauthorised borrowing. Experts in trademark law note that the existence of a registered mark, coupled with the prior submission to Bacardi’s own grant scheme, strengthens Timeless’s position.

Should the court rule in Timeless’s favour, it could result in an injunction preventing Bacardi from continuing to use the phrase—along with significant financial penalties. Equally, a settlement may emerge behind closed doors, particularly if Bacardi opts to resolve the matter quickly and quietly.

For Timeless, however, the lawsuit is not just about legal remedy. It’s about defending the brand they have painstakingly built, and asserting that smaller voices in the drinks world deserve to be heard—and respected.


Bancm’s Take: Why This Case Matters

At Bancm, we celebrate the vibrant culture of nightlife, hospitality, and premium spirits. We also recognise the immense effort that goes into creating not only products, but the identities that support them. This case is a stark reminder that in an industry fuelled by creativity and brand value, protecting original thought is as vital as crafting a great drink.

Whether you’re a global icon or a boutique vodka house, the rules should apply evenly. Because in hospitality, as in life—moments matter. And yes, it’s the people and stories behind the bottles that make them timeless.

Stay tuned to Bancm for more insights from the industry.


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