Drinks Americas Holdings, Ltd. (DKAM)

[gink]

This has been quite an exercise watching the little guys attempt to throw their weight around and scare the big bad DKAM. Now would be as good a time to let folks in on a little secret.
Their Happy Brands, that even have their own website, are in direct violation of Patent and Trademarks closely held that they never bothered to license to get permission to use. There is no Class 33 Trademark validation, verification, or license to use filed anywhere, or with any owners of the smiley face in any country.
http://www.happyvodka.com/HappyVodka.htm
In 2006, Walmart was sued for patent and trademark infringement using the smiley face in its advertising for "Rolling Back Prices"...and lost huge! Why? Because the likeness, its use, its similarities have been tightly held for years. In fact, LIQR does not even own the Trademark to Happy Vodka at all. You cannot get a Class 33 license for use on a product you don't even own the trademark for on the actual product.
LIQR is absolutely screwed. They need to withdraw the lawsuit against DKAM, and go about their way, or feel the wrath of a $100 million+ lawsuit of epic proportion that will put them completely out of business.
http://en.wikipedia.org/wiki/Smiley
In addition to withdrawing the lawsuit, they also need to discontinue using the Happy Smiley faces on all their current and futures products they own and sell. That in and of itself will bury the company because they only have $460 in cash to do so.
So, whether or not they do withdraw is immaterial. This will put LIQR out of business for good. The lawsuit is being prepared and finalized. Just felt everyone should know so they can watch it all happen.