Judge allows ‘dirty soda’ war to continue to bubble in court

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An employee at Swig mixes a "dirty soda" for a customer. (FOX 13 file image)

SALT LAKE CITY – A federal judge will not dismiss a lawsuit over who can use the term “dirty soda,” at least not yet.

In a ruling obtained by Fox 13 Friday, the judge refused to dismiss Swig’s trademark lawsuit against rival flavored soda shop Sodalicious.

Swig sued, seeking to enforce a copyright on the term “dirty” to describe flavored sodas that are very popular here in Utah.

Sodalicious argued the term is generic and asked the judge to dismiss it altogether.

In his ruling, the judge says he’s willing to let Swig’s lawsuit go forward for now.

Dirty soda case

Dirty soda case