A Michigan-based, woman-owned spirits company is suing a cocktail brand with ties to supermodel Kate Upton, alleging the “venture-backed behemoth” copied its name and is creating confusion in the market.
In the federal lawsuit, Dexter-based Highline Spirits Co. LLC claims Ponte Vedra Beach, Fla.-based Vosa Spirits LLC committed “willful infringement” of its trademark by marketing a line of “High Line” ready to drink cocktails. The southeast Michigan company seeks injunctive relief and monetary damages in the lawsuit, filed March 10 in the U.S. District Court Western District of Michigan.
The lawsuit also names Hudsonville-based Uncommon Canning LLC, which does business as Proper Beverage Co., as a defendant. The Hudsonville packaging company cans Vosa Spirits’ ready-to-drink “High Line” cocktails.
Highline founder Christi Lowe said the trademark infringement has hurt her brand’s growth.
Keep up with all things West Michigan business. Sign up for our free newsletters today.
“Anytime that there’s confusion in the market, it is a hindrance to the brand,” Lowe told Crain’s Grand Rapids Business. “We are changing the game in whiskey, and we are gaining traction. And any distraction to continuing to grow our brand such as this is a hindrance. When it’s something that’s legally ours, it’s very, very frustrating.”
Lowe founded the Highline Spirits brand in 2021 in Dexter, just west of Ann Arbor. The company made its mark as a blender, offering bourbons, ryes and American whiskeys that it sources from Kentucky and Indiana distillers. The company distributes in Michigan and sells product via its website to customers in other states.
Highline’s products also are available at Total Wine’s five Michigan stores.
In the past two years, the company expanded with two taprooms in Dexter in 2023 and Plymouth in 2024.
“I really started it because of my passion for whiskey and trying new things,” she said, noting that prior to launching the brand she spent 15 years in the medical field as a pediatric physician assistant.
Lowe was “hoping that we wouldn’t have to do this,” but ultimately decided to file the lawsuit “to stand up for what is right and what is legally ours,” she said.
According to the court documents, “Highline is a growing success, with sales from Florida to California to New York and everywhere in-between. Its next and logical step in this growth was getting ready to launch a ready-to-drink beverage incorporating its well-received spirits, expanding its offerings and reaching additional customers and venues.”
“But, just as that growing success was turning into sustainable next steps, a late-arriving, venture-backed behemoth has stepped in to try and shoulder Highline out of the market,” per court filings.
Highline is represented in the case by attorneys in the Grand Rapids office of Miller, Canfield, Paddock & Stone PLC.
Vosa Spirits was founded in 2020 by Spencer Bailey and Michela Drago, selling ready-to-drink cranberry and lemon flavored canned vodka soda cocktails. In May 2023, the brand began marketing and selling one of its vodka cocktails under the name “High Line.”
Upton, an heir to the co-founder of Whirlpool Corp. who was born St. Joseph and is married to former Detroit Tigers ace Justin Verlander, who now pitches for the San Francisco Giants, joined the company as co-owner the same year.
“Without any regard for Highline’s registered trademark rights, Vosa introduced a ready-to-drink beverage using the Highline name,” according to the lawsuit. “It did so with significant financial backing and celebrity firepower, quickly overwhelming the market.”
The company did not respond to requests for comment for this report.
After discovering the alleged trademark infringement in early 2024, Lowe’s Highline Spirits sent two cease-and-desist letters to Vosa, with which the company refused to comply.
“(Vosa’s) acts are causing and, unless restrained, will continue to cause damage and immediate irreparable harm to (Highline) and to its valuable reputation and goodwill with the consuming public for which (Highline) has no adequate remedy at law,” according to court documents.
Highline has been developing several different ready-to-drink vodka, gin and whiskey products over the past year and serving them in its Michigan taprooms. However, the company doesn’t have a timeline for distributing them “given the time and resources required to defend our trademark,” Lowe said.
She added that the introduction of a celebrity-backed product with the same name and consumer base has dealt Highline a major setback as the woman-owned business has had to fight for space in a male-dominated industry.
“I’ve spent the last four years clawing my way into this,” Lowe said, noting it is “incredibly difficult” for a woman to be taken seriously in the whiskey business.
“Every step of the way, it’s been challenging,” Lowe said. “It was challenging getting small business funding. It was challenging getting packaging supplies. I wouldn’t get calls back.”
The lawsuit accuses Vosa Spirits and its Michigan packaging company Proper Beverage Co. of trademark infringement and unfair competition and asks the court to rule in favor of Highline Spirits and find Vosa Spirits and Proper Beverage Co. liable on all counts.
Additionally, the suit asks for the defendant to deliver to the plaintiff or destroy its entire inventory of infringing products and give an accounting of its profits. Highline is asking the court to award damages in an amount equal to Vosa’s profits plus the damages Lowe’s company has sustained, and court costs. The company is asking the court for triple damages plus attorney fees and costs, among other requests for relief.
In an emailed statement, Proper Beverage Co. stated it was made aware of the lawsuit this week.
“Proper Beverage Co. is a small, privately owned business in Hudsonville that specializes in pass-through co-packing for the beverage industry,” according to the statement. “At no time was Proper involved in the creation or decision making regarding the allegations being made in the lawsuit. Our legal team will be filing a response to the suit in the coming days.”
Meanwhile, Lowe said that while she’s seeking relief for Highline, she filed the lawsuit to publicly stand up for herself and her company.
“It’s important to me to be able to show other founders, female founders, and kids that are looking up to me that you stand up for what is right, and you stand up for what is legally yours,” she said. “You have to say, ‘No.’”
More from Crain’s Grand Rapids Business:
Housing Next executive director steps down for a career shift
Grand Rapids bar plans budget-friendly cocktail spot at former Post Off
New energy rules for commercial buildings set to take effect: What to know
