Estimated read time: 1-2 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY — A fight between two Utah chains that sell flavor-shot-spiked "dirty sodas" reached a federal courtroom Thursday.
Soda shop Swig contends competitor Sodalicious copied the trademarked "dirty" concept, down to the frosted sugar cookies sold alongside the sweet drinks.
Sodalicious argues that "dirty" is a common drink moniker, and tongue-in-cheek nicknames for its beverages like "Second Wife" make the business distinctly different.
The two sides sparred Thursday over a Sodalicious lawyer whose husband is one of the chain's co-owners. Swig contends it's a problem because she could accidentally share the sensitive financial information and trade secrets that are becoming part of the court record in the case.
"If I was a competitor, I'd find it very helpful," said Swig lawyer Mark Bettilyon. "It's just not fair."
But Sodalicious attorney Tessa Meyer Santiago says her husband only scouts new locations and isn't involved in day-to-day business decisions.
Related:
'Dirty soda' lawsuit calls shop's co-owners responsible for alleged trademark violations
In an increasingly dirty legal battle between dueling soda shops, Swig now names the owners and officers of its rival company, Sodalicious, as individual defendants in a federal lawsuit.Having to hire a new lawyer would be unfairly expensive to the company, Santiago said.
"I have no daily contact with anyone in the company," she said. "There's one attorney on the case because cost is an issue."
Bettilyon argued that finding new locations is a key part of both chains' rapidly growing businesses.
U.S. District Judge Dustin Pead decided the close relationship could be a problem, but said too many restrictions could also make the lawsuit unfairly costly for Sodalicious.
Pead decided to restrict what Santiago sees, but he also allowed Sodalicious to revise its request for information from the other side.
The case is set for trial in August 2017. Swig's lawsuit filed last year asks for a court order barring Sodalicious from using words and signs too similar to its own, as well as unspecified damages.
