A package of Liquid Death canned water.
New York-based Death Wish Coffee filed a lawsuit this week against the beverage company Liquid Death, alleging trademark infringement related to yet-to-be-released coffee products.
Liquid Death, meanwhile, said on social media that it has “no real plans to launch a coffee.”
In a complaint filed Oct. 7 in U.S. District Court for the Central District of California, Western Division, Death Wish Coffee noted that Liquid Death recently filed trademark applications with the United States Patent and Trademark Office for multiple coffee or coffee-flavored beverages.
“Upon information and belief, Liquid Death intends to launch these Infringing Coffee Products in a matter of months, in or around January 2026 or soon thereafter,” the complaint states.
While showing renderings of Death Wish and potential Liquid Death cans side by side, attorneys for Death Wish argue that the planned products would confuse consumers by adopting the dominant element of its marks — “DEATH” — and would cause “severe and irreparable” harm if the beverages reach shelves.
The complaint suggests that Death Wish Coffee, founded in 2012, and Liquid Death, founded in 2019, have “coexisted” to this point because they have operated in the “wholly different market areas” of coffee and water.
“This coexistence is coming to an end,” the complaint states. “Flush with investment valuing the company at $1.4 billion, Liquid Death is preparing to invade Death Wish’s market territory and infringe Death Wish’s trademarks by selling DEATH-branded coffee beverages.”
Liquid Death, which is registered in Delaware but is based in California with nationwide distribution, has not yet replied to the suit in court. Yet the brand took to social media to address the action, while also taking the opportunity to promote other beverage products. On Instagram and X, Liquid Death wrote:
@deathwishcoffee 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).
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 @deathwishinc (the iconic hardcore record label) that has been around for over 25 years, long before the coffee brand. ☠️🍆
The escalation to legal action and skulls and eggplant emojis comes just three years after the two companies were casually ribbing one another on social media.
In 2022, Death Wish tagged Liquid Death on Twitter (now X) with the caption, “how does it feel to be the world’s weakest water?” to which Liquid Death replied, “We’re actually water, not coffee. And without water, you are not coffee either. You’d just be Death Wish Bean Bags.”
In the lawsuit, Death Wish is now seeking preliminary and permanent injunctions barring Liquid Death from using any “DEATH-formative” mark for coffee or coffee-related goods, as well as an order blocking trademark registrations and other relief.
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Nick Brown
Nick Brown is the editor of Daily Coffee News by Roast Magazine.
