The Wine Business reported on Jan. 15 that BuzzBallz lost a patent challenge against MPL Brands. MPL Brands owns another ready-to-drink brand in a similar spherical-shaped container: Big Sipz.
“The PTAB’s decisions confirm that both patents BuzzBallz asserted against Patco Brands are invalid,” said CLO of Patco Brands, Kelly Patane in a statement, according to The Wine Business. “These decisions represent important milestones for Patco Brands, reinforcing that our company acts appropriately and in compliance with intellectual property laws. We are confident that BuzzBallz’s claims should never have been brought.”
According to The Spirits Business, Patco Brands challenged BuzzBallz’s claims to patents involving the beverage containers’ highly distinctive design, patents 11,738,904 and 11,932,441. The rulings claimed that both patents were essentially “unpatentable.”
Big Sipz offers up RTDs that clock in at 16% ABV in 200 ML containers. The brand’s flavors include Cherry Manifest, Warheads Sour Atomic Apple, Hard Iced Tea, Wild Watermelon, Hard Lemonade, Strawberry Margarita, Lime Margarita, Diamone, ‘Merica, and other flavors.
Admittedly, the victory for MPL Brands is huge, considering BuzzBallz is owned by none other than Sazerac, the spirits behemoth behind brands like Eagle Rare, Buffalo Trace and Fireball.
The Big Sipz brand launched in January 2023, according to Beverage Industry; its other spherically shaped competitor launched well before that.
According to The Guardian, BuzzBallz launched in 2009 and was invented by a Texas teacher named Merilee Kick. Kick was on the verge of a divorce, and she was concerned that she was going to be homeless from the financial losses associated with dissolving her marriage. She needed to maek some quick cash, and came up with the idea for BuzzBallz while grading homework.
“I chose booze because it thrives in good times, and thrives even more in bad times,” Kick told The Guardian.
BuzzBallz catapulted to becoming America’s top-selling RTD, and is particularly popular amongst Gen Z. In December, the brand dropped a series of spherically-shaped bags that paid homage to the brand’s round shape, which were set to go up for purchase via a lottery. The bags were designed with Gen Z in mind, and were inspired by luxury brands like Chanel, Teflar and Coach.
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