AUSTIN (KXAN) — The tale of two tequilas between an Austin-based brand and Kendall Jenner’s brand is headed to court.

A U.S. District Court judge in the Central District of California set a jury trial to begin Oct. 4 in California, according to a court order.

Austin-based brand Tequila 512 filed a lawsuit in February against Kendall Jenner’s 818 Tequila for trademark infringement and unfair competition. The Austin drink maker claims Jenner’s brand of copying its logo, color scheme and name.

“And out of the entire world of colors and shapes to use for product design, Defendant chose to copy Plaintiff’s distinctive black lettering inside a vertical yellow rectangle,” the lawsuit said.

818 states its design is based on a “natural-tone colors that could blend in seamlessly and be esthetically pleasing in anyone’s home, regardless of its décor,” compliant response said.

818 Tequila (Kendall Jenner’s brand) and Tequila 512 side by side (Photo: K & SODA court filing)

Attorneys for 818 Tequila responded to the lawsuit in court documents filed in April. The team points out Jenner’s brand picked the name because of the area code where she lives in Southern California. 512 was named after Austin’s area code. Jenner’s brand argues other brands use numbers including Sauza 901 Tequila named after Justin Timberlake’s hometown area code of Memphis, Tennessee.

The 818 portfolio includes three variations: 818 Tequila Blanco; 818 Tequila Reposado; and 818 Tequila Añejo (Photo: Business Wire)

“Nobody associated with 818 had ever heard of Plaintiff ClipBandits, LLC or its ‘Tequila 512’ brand until it started waging a social media campaign against 818 and then initiated this legal action,” said attorney Ashley Yeargan representing 818 Tequila.

In court documents, 512 said it launched in 2015 with the celebrity brand launching in 2021.

The Austin-based company said it has a federal trademark registration for 512, in addition to a pending application for registration of its trade dress. 512 claims 818, owned by K & Soda, LLC, is deceiving and confusing customers into thinking it’s associated with the Austin brand.

818 also sells for nearly double the price of 512. Both brands have received award-winning praise for their products. 818 said despite the legal challenges, it’s been welcomed into the market with success. “Plaintiff saw an opportunity to try to use litigation to bully a newcomer,” said 818 Tequila representing attorneys.

Customers should not be confused, Jenner’s legal team said. The company claims 512 does not and cannot own the concept of using a number like an area code, and the two bottles “could not be more different.”

512 is asking the court to issue an order to stop 818 from using its alleged infringing marks on its products, packaging, website and in its marketing. ClipBandits, LLC is also seeking monetary relief. K & Soda, LLC is asking for the lawsuit to be dismissed.