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Old 11-12-2012, 02:52 AM   #51
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Work out a deal = anything other than being a total jacka$$ demanding a name change.

I can see why you're defending the guy...



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Old 11-12-2012, 03:06 AM   #52
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The problem is this guy at the Brew shop already has documented cases where his vendors sent things to the wrong place or otherwise got confused between strange brewing homebrew shop and strange brewing beer manufacturer.

I'd normally agree, but if i was losing customers and having heartaches with my vendors(the life of your average small company) because someone has a name almost identical to yours i'd probably do something about it too.
That is the vendors problem if they can't send merchandise to the right place.


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Old 11-12-2012, 03:06 AM   #53
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Work out a deal = anything other than being a total jacka$$ demanding a name change.

I can see why you're defending the guy...
I'm trying to figure out what type of deal you think they should work out.

I don't really see how a 15 year old homebrew shop would benefit from any sort of partnership with an upstart brewery more than halfway across the country. Not only that, but it seems to me like a lot of work to get it started, I imagine that paperwork would be fun. And, altering my daily business routine to accommodate someone who chose to use the same copyrighted name as me is not something I'd want to spend any time or effort on as a businessman.

Perhaps you'd care to enlighten me with your ideas.
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Old 11-12-2012, 03:10 AM   #54
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Nah, I choose not to feed trolls...

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Old 11-12-2012, 03:34 AM   #55
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Nah, I choose not to feed trolls...
I don't think you know what trolling is then.

I'm asking you to back up what you're saying is all. If you're going to be evasive about it, I'll just assume that you can't.
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Old 11-12-2012, 03:38 AM   #56
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Bovineblitz, how could a little paperwork not be better than all this ill will they are generating?

Although you are "obligated" if you wish to protect other copyrights and trademarks. You can also call them first and discuss.

However, Strange Brewing probably should have used google before setting up their business. Pretty surprised that whatever lawyer was filing their paperwork didn't google it and come to the conclusion that they should not call themselves that.

So, a little more foresight by Strange Brewing or a little more thoughtfulness on the part of Strange Brew (especially considering that his store name is a ripoff of two different things and he also rips off Grateful Dead for his logo) would have gone a long way.

Think I would no longer use his shop if I was in MA.

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Old 11-12-2012, 03:44 AM   #57
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Bovineblitz, how could a little paperwork not be better than all this ill will they are generating?

Although you are "obligated" if you wish to protect other copyrights and trademarks. You can also call them first and discuss.

However, Strange Brewing probably should have used google before setting up their business. Pretty surprised that whatever lawyer was filing their paperwork didn't google it and come to the conclusion that they should not call themselves that.

So, a little more foresight by Strange Brewing or a little more thoughtfulness on the part of Strange Brew (especially considering that his store name is a ripoff of two different things and he also rips off Grateful Dead for his logo) would have gone a long way.

Think I would no longer use his shop if I was in MA.
The thing is, if you're going to enter some sort of partnership, what is the nature of that partnership? Just cross-promotion, how does that solve the problem at all?? Do both places have to alter their names? It's not just the paperwork (reworking copyrights can't be fun, or cheap), it's actually figuring out all the details that go into a business relationship... which begs the question, who in their right mind would enter into some sort of business partnership with someone they don't know?

If it's not a partnership type deal, what are you thinking of? Just allow them to continue as is? Strange Brewing made it quite clear they don't want to change their name.

I imagine that the LHBS just doesn't want to deal with it, they want business as usual. It's not their fault someone else infringed on their copyright. Being friendly about it might help, but even then, what kind of solution would be acceptable for everyone? It's pretty standard to just send a cease and desist letter and have that be the only communication, it's simple and doesn't get messy.
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Old 11-12-2012, 03:51 AM   #58
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Yeah, I can't argue much with that. But you have to see that this isn't the best way. Proving confusion is really difficult, even if there are cases of mild confusion before. It would have been helpful to give a heads up. Say, hey by the way you should have googled your intended name or something and I hate to do this but you'll be recieving a C and D.

Personally though, I think the cross promotion would have helped both businesses. Even if it is as simple as labeling some kits as Strange Brewing recipes and then placing a link on the Strange Brewing website. Contract would be really very simple. You wouldn't need to share profits or anything, just hammer out how long you have to cross promote. But there are some business leaders who believe that rising tides float all ships, and some that don't. And you can't change people's minds about it.

Strange should just change their name and move on.

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Old 11-12-2012, 04:14 AM   #59
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First off, If I had the domain name, and copyright name, "strange brew", I would surely want to protect it, not because of some lame movie, but because of one of the greatest rock songs ever. The letter sent to the brewery was a standard cease and desist letter printed from the internet complete with insert name here, only to be signed by somebody with a law degree. They have not dragged the brewery through the dirt. The O.P.'s link is a local blog that would have never been found except for that link. The letter was sent to the brewery, not to the homebrewtalk members, so to go online and trash the lhbs without knowing what kind of business they run is wrong. Anybody with any knowledge about business or law, knows to always refuse the first offer.

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Old 11-12-2012, 04:29 AM   #60
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Exactly. People ****ting on the homebrew shop don't understand how this stuff works. This isn't the same as Coca Cola suing Rock Art over VerMonster.
I don't think people are arguing whether or not it's within his rights to send a C and D letter, and perhaps they are legally obligated to defend their trademark, but from what I've read on the internet, what they're doing is just bad for business.

Here's what it looks like:
1. C and D letter sent to Strange Brewing Company
2. Strange Brewing Company responded looking to reach a middle ground, or even work together instead of both parties spending tons of money on lawyers.
3. Strange Brew responded by saying "no, that's not good enough, change your name or we're suing you". They even called the brewing company a "directly competitive enterprise", which I don't understand, and accuses the brewing company of "hijacking" their trademark.

Apparently they've taken down their facebook page. People aren't saying you can't try to sue someone else for whatever you want, they're just saying it's stupid and you probably shouldn't.


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