A maker of classic sodas in cans with old-timey designs is facing off against the maker of gold-standard, anti-colic baby bottles. The issue? That consumers might confuse one Dr. Brown’s for another.
Since 1869, Dr. Brown’s has been a New York-based soda company, with flavors including ginger ale, root beer, and cel-ray that can be found in delis and some grocers. Its various logos feature iconic New York City sites, like the Statue of Liberty or the Brooklyn Bridge. It was originally a “celery tonic” health drink invented by the titular doctor, who may have very well been a creation of late 19th century marketing.
Get a fresh take on the day’s top news
Subscribe to the St. Louis Daily newsletter for a smart, succinct guide to local news from award-winning journalists Sarah Fenske and Ryan Krull.
Dr. Craig Brown, on the other hand, was a real man who in the late 1980s invented Dr. Brown’s bottles after discovering a design that allowed for his son to ingest less air with his milk. For almost 40 years, Dr. Brown’s has been the maker of high-quality, anti-colic baby bottles and other baby products, including bottle warmers and pacifiers. They are headquartered in the city’s Tower Grove South neighborhood, which is fitting for a company whose client base is parents with young children.
Recently Dr. Brown’s (the baby company) expanded its offerings to include electrolyte solutions, in flavors like watermelon, that seems to be primarily marketed as something to give toddlers after they’ve over-exerted themselves in the sun.
Dr. Brown’s (the soda company), however, is concerned that consumers may confuse the solution with the soda. The soda company sent the baby product company a cease and desist letter last month asking it to discontinue use of the Dr. Brown’s name in conjunction with the drink. “The goods are highly related and overlap,” the letter says.
A cease and desist letter is often a preliminary step before a lawsuit. But in this case Brown beat Brown to the punch. The baby bottle company replied with a lawsuit filed last week, asking a judge to declare that “there is no likelihood that any relevant consumers would be confused, mistaken or deceived” by the electrolyte drink.
To the St. Louis company’s point, in addition to the soda’s logo featuring New York City landmarks, its text forms a semi-circle whereas the Dr. Brown’s on the electrolyte drink more or less run along a straight line.
These sorts of trademark infringement lawsuits are not uncommon. Homegrown restaurant chain Mission Taco Joint changed its name to Session Taco after a suit filed by Mission, the maker of tortillas. In 2023, the parent company of KMOV sued the parent company of KSDK over similarities in the branding of their weather coverage. (That case was dismissed about a year after it was filed.) That same year, the nursing association affiliated with the former Homer G. Phillips Hospital sued the new hospital which had taken the name, although the effort ultimately failed.
The St. Louis-based Dr. Brown’s is represented by attorneys with Thompson Coburn. No attorney has yet entered on behalf of Dr. Brown’s Beverage Company in the matter.
