Kegconnection Complete Starter Kit and More Giveaway!


Home Brew Forums > Home Brewing Beer > General Beer Discussion > Battle over the "strange" name

Reply
 
LinkBack Thread Tools
Old 11-14-2012, 07:22 PM   #121
jmtwo
Feedback Score: 0 reviews
Recipes 
 
Join Date: Mar 2012
Location: Las Cruces, NM
Posts: 92
Liked 15 Times on 7 Posts
Likes Given: 7

Default

While true that the HBS holds the trademark, how defensible it is remains to be seen.

I would think their bigger worry is that they keep making a stink about it, and at some point a lawyer at MGM sees a small blurb about it somewhere.

What happens when MGM steps in with massive legal firepower to reclaim the trademark? MGM could do it just in case they ever want to revive the long dead sequel to Strange Brew!! After all, their claim on the name goes back 19 years.

__________________
jmtwo is offline
 
Reply With Quote Quick reply to this message
Old 11-14-2012, 07:47 PM   #122
brettwasbtd
Awesomeness Award Winnner
HBT_LIFETIMESUPPORTER.png
Feedback Score: 0 reviews
 
brettwasbtd's Avatar
Recipes 
 
Join Date: Apr 2010
Location: Damascus, MD
Posts: 1,309
Liked 32 Times on 30 Posts
Likes Given: 57

Default

Quote:
Originally Posted by cval View Post
awesome, let me go get some pop corn, this is gonna be an awesome thread from now on
Keep me posted...need to run out for more popcorn


Kidding aside, they have the trademark for beer. It looks pretty bad for the Colorado Brewery.

Now, for the HBS to use or not use Strange Brew as the name for the beers they begin to produce. I don't think it will have a huge affect on their sales. They still need to successfully produce a high quality product and market it to consumers. They reputation they have made as a HBS is only good for the select homebrewers who have had good experiences at their store.

Lets put it this way - Jamil Z is doing a great job growing Heretic Brewing. His brand (in this case his name) and reputation as a homebrew gave him credit, but he still had to produce and get non-homebrewers to appreciate is beers. If the HBS has a good reputation, and produces good beer, there will be successfully synergy, regardless of name.
__________________
Shegogue Brew | Pronounced "Shuh·goo" | http://shegoguebrew.blogspot.com | BJCP Judge B0999
brettwasbtd is offline
dunnright00 Likes This 
Reply With Quote Quick reply to this message
Old 11-14-2012, 08:13 PM   #123
Lavender_Pepper
Feedback Score: 0 reviews
Recipes 
 
Join Date: Jul 2012
Posts: 86
Liked 21 Times on 11 Posts
Likes Given: 9

Default

Yeah this is frustrating. Also, Marble Brewing in NM made TN's Marble City Brewing change to Sawworks brewing.

__________________
Adjusting the Zankapfel Life - My brewing and other stuff blog
Drinking: Black Purl of Innsmouth (wormwood+licorice gruit/purl), Frau Holle's Yuletide Peculiars 2012: Spiced Peach Dark Belgian, Crandelweizen, NewZealand RyePA, Sam Smith Taddy Porter Clone
Secondary: Chai Tea Milk Stout
Primary: Fat Tire Clone
Lavender_Pepper is offline
 
Reply With Quote Quick reply to this message
Old 11-14-2012, 08:26 PM   #124
kaconga
Feedback Score: 2 reviews
Recipes 
 
Join Date: Mar 2012
Location: Rathdrum, Idaho
Posts: 758
Liked 100 Times on 76 Posts
Likes Given: 22

Default

How is offering up what things of value that you have insulting? A brewery has value in its recipes and pretty much nothing else. To offer you the opportunity to sell these kits (based on award winning beers) is a sign of collaboration. Something you want nothing to do with. So feel free to win your legal battles and start making beer or whatever you plan to do. As for strange brewing company, I think they can and will survive under a different name. I doubt they would want people to confuse them with this legalistic person.

__________________
kaconga is offline
 
Reply With Quote Quick reply to this message
Old 11-14-2012, 09:47 PM   #125
bovineblitz
Feedback Score: 0 reviews
Recipes 
 
Join Date: Mar 2010
Location: Binghamton, NY
Posts: 2,329
Liked 113 Times on 94 Posts
Likes Given: 37

Default

Quote:
Originally Posted by kaconga View Post
How is offering up what things of value that you have insulting? A brewery has value in its recipes and pretty much nothing else. To offer you the opportunity to sell these kits (based on award winning beers) is a sign of collaboration. Something you want nothing to do with. So feel free to win your legal battles and start making beer or whatever you plan to do. As for strange brewing company, I think they can and will survive under a different name. I doubt they would want people to confuse them with this legalistic person.
The value is so little, being that barely anyone knows of them, so why would any random homebrewer want to brew one of their beers? In the end, a recipe kit is just a list of ingredients too. Not only that, but they're asking the homebrew shop to advertise for them, it's kind of silly. That's not really collaboration, collaboration would be them actually working together on a recipe.

Regardless, any sort of collaboration fails to fix the issue that their names are the same.

As for the brewery, I too hope they survive under a different name. I don't really have any ill will towards them, I think their response was a bit rude but the name of a business is a sensitive and personal issue to a small business. It's unfortunate, but the brewery did know about the homebrew shop when they chose that name so they kinda dug their own grave.
__________________
bovineblitz is offline
2
People Like This 
Reply With Quote Quick reply to this message
Old 11-14-2012, 10:25 PM   #126
riverfrontbrewer
Feedback Score: 0 reviews
Recipes 
 
Join Date: Sep 2009
Location: Denver, CO
Posts: 1,124
Liked 34 Times on 29 Posts
Likes Given: 4

Default

"As you may have recently heard, Strange Brew is in the midst of a trademark dispute with a small two year old start-up microbrewery in Colorado that “coincidentally” has decided to call itself “Strange Brewing Company.” Simply put, they are trying to profit from the valuable reputation and the good will that we have built up over the last 16 years in our brand.

Am I the only one that finds the above quote from Mr Powers hilarious? First off insinuating it is not a coincidence, then leading readers to believe that anyone outside of Podunk, MA has ever heard of his HBS, therefore, "trying to profit from the valuable reputation and the good will that we have built up". I wonder how he even wrote that without laughing?

Whatever happens with the legal aspect of this I really don't care, but there is a reason our friends from The Bay State are referred to as massholes.

__________________
riverfrontbrewer is offline
2
People Like This 
Reply With Quote Quick reply to this message
Old 11-14-2012, 10:38 PM   #127
dawgmatic
Feedback Score: 0 reviews
Recipes 
 
Join Date: Nov 2011
Location: Milwaukee, WI
Posts: 536
Liked 32 Times on 31 Posts
Likes Given: 6

Default

after reading through this whole thread I can't help but agree with this. Plenty of other strange brews out there. At least they were called Strange Brewing.

__________________

Quote:
Originally Posted by Revvy View Post
People's brains are interesting....and tasty too.

(See what I did tthere? ;))
dawgmatic is online now
 
Reply With Quote Quick reply to this message
Old 11-15-2012, 03:09 AM   #128
mtandy
Feedback Score: 0 reviews
Recipes 
 
Join Date: Oct 2012
Posts: 50
Liked 1 Times on 1 Posts

Default

Quote:
Originally Posted by dawgmatic
after reading through this whole thread I can't help but agree with this. Plenty of other strange brews out there. At least they were called Strange Brewing.
Agreed. Whether or not they have the right to peruse this in court doesn't make them look any better. I, for one, found the post from the HBS to be condescending and childish. He mentioned the brewery posting rants on social media which is essentially what they are doing here.

Also, with a list that long of other "strange brew" named folks, much of which is beer related, I don't know how well his will go in court. Seems to me that, even though it rips off the movie, mr. Powers never attempted to go after the brewing software company, even though he sells a product to homebrewers, and likely at least "several dozen" here in mass.

As I see it, the ill will from this will sink him. Even if he wins, this series of events will follow his business around for quite a while, and certainly won't help sales.
__________________
mtandy is offline
 
Reply With Quote Quick reply to this message
Old 11-15-2012, 03:09 AM   #129
kaconga
Feedback Score: 2 reviews
Recipes 
 
Join Date: Mar 2012
Location: Rathdrum, Idaho
Posts: 758
Liked 100 Times on 76 Posts
Likes Given: 22

Default

Quote:
Originally Posted by bovineblitz

The value is so little, being that barely anyone knows of them, so why would any random homebrewer want to brew one of their beers? In the end, a recipe kit is just a list of ingredients too. Not only that, but they're asking the homebrew shop to advertise for them, it's kind of silly. That's not really collaboration, collaboration would be them actually working together on a recipe.

Regardless, any sort of collaboration fails to fix the issue that their names are the same.

As for the brewery, I too hope they survive under a different name. I don't really have any ill will towards them, I think their response was a bit rude but the name of a business is a sensitive and personal issue to a small business. It's unfortunate, but the brewery did know about the homebrew shop when they chose that name so they kinda dug their own grave.
To counter your point, the brewery was willing to advertise for them in the brewery if I have my facts straight. How could such a small brewery that no one has heard of get confused with an equally small brewing supply that no one has heard of? If the dozens of customers in Colorado are so important to the hbs then a couple dozen more from advertising kits at the brewery would be of value.

Strange brewing company is different enough from strange brew homebrewing supplies when neither are in direct competition with each other. As I have said before the issue only arises if the hbs has aims of being a brewery. In which case a judge will get to decide who gets to use the name. But to say the hbs is only doing good and that the brewery is basically stealing their great reputation is pretty much bull from what I have seen. Just cause its legal to take this action doesn't mean you need to be a jerk about it.
__________________
kaconga is offline
 
Reply With Quote Quick reply to this message
Old 11-15-2012, 04:05 PM   #130
Homercidal
Moderator
HBT_MODERATOR.png
Feedback Score: 0 reviews
 
Homercidal's Avatar
Recipes 
 
Join Date: Feb 2008
Location: Reed City, MI
Posts: 23,012
Liked 1947 Times on 1408 Posts
Likes Given: 1064

Default

Personally, if I were a startup brewery and found a place that had trademarked a similar name for beer, I would try my best to not use that name. (even though both are lame for using the name Strange Brew, as I've said before.)

But seeing as the name WAS already trademarked, for beer, then either the person who researched the name was negligent, or the decision maker was ignorant or willing to take the chance.

Who was being more of a jerk hardly matters at all in the court system.

And I doubt this case will get enough attention to negatively affect the lhbs's sales. It might give enough exposure to get some people to try their services.

To me, it sounds like the brewery is just trying whatever he can to not spend the money to change his name.

__________________
Homercidal is offline
 
Reply With Quote Quick reply to this message
Reply


Quick Reply
Message:
Options
Thread Tools


Similar Threads
Thread Thread Starter Forum Replies Last Post
A Very Strange Gose Recipe - "New Ocean Waves" taylja06 Recipes/Ingredients 10 10-05-2012 04:14 AM
Strange "fermentation" in secondary (...with pictures!) sweetnighter Fermentation & Yeast 5 10-28-2010 05:06 PM
"strange" flavor in some of my brews aoverturff Beginners Beer Brewing Forum 19 08-17-2010 02:55 PM
The "Strange" Brewery.. Another Build w/tons o' pics.. JamieT DIY Projects 56 03-30-2010 02:51 AM
Strange Rubber taste after using "old" CO2 Ripbeer Bottling/Kegging 9 01-06-2010 08:18 PM