Josh Gerben Analyzes the Lawsuit Between Stateside and Anheuser-Busch for the Inquirer

Philadelphia company, Stateside Brands has sued Anheuser-Busch for free riding off its Surfside can design.

Trademark attorney Josh Gerben and the Inquirer discuss the dispute. 

Anheuser-Busch likely “flew too close to the sun” with its can design, said Josh Gerben, who believes Stateside has a strong case.

“We live in a culture where dupes are everywhere, and normally it’s the smaller companies knocking off the big guys with a cheaper product. This is a big guy knocking off a smaller one.”

Still, the case may not be a slam dunk for Stateside, as they never filed a trademark to protect the design of the Surfside can.

Gerben explained that its common for beverage companies to trademark can or bottle design, pointing to Jack Daniel’s and Maker’s Mark.

However that level of granularity is typically reserved for more sophisticated companies. “Surfside really only took off in 2022,” he said. “They were probably only focused on how to meet demand.”

Source: Forman, Beatrice. https://www.inquirer.com. “The owners of Surfside, Philly’s homegrown canned cocktail heavyweight, are suing Anheuser-Busch”. 23 October 2025.