Coors Brewing Co. v. Anheuser-Busch Co.
United States District Court for the Southern District of New York
802 F. Supp. 965 (1992)
Coors (plaintiff) made Coors Light with a concentrated brew, much of which was shipped from Colorado to Virginia for dilution with local water before sale in the Northeast; Anheuser (defendant) aired a commercial highlighting this process and contrasting it with its own Natural Light, which left breweries "fresh and ready to drink." Coors's consumer survey found only a statistically insignificant percentage recalled the commercial's theme as describing different manufacturing processes, but 32 percent (in response to a question combining "watered down" and "diluted" answers) and 67 percent (in response to a leading question beginning "based on the commercial") indicated the beers were perceived as made differently or as Coors being watered down; Coors sought a preliminary injunction.
Whether, to maintain a claim for false advertising based on implied falsehood, the plaintiff must provide reliable extrinsic evidence of consumer confusion.