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Old 11-12-2012, 06:01 AM   #61
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Originally Posted by Grossy

I know you use to be able to go to a Grateful Dead concert, set up a tri-pod and film them. That may have changed, corporate profits and all.
I think filming grateful dead concerts ended when Jerry died.

When I was growing up there was a smoothie shop called Jamm'n Juice and Jamba Juice/Juice Club got all pissed off about it. They made them change the name and it was then Slamm'n Juice. I think it was a case of the tiny store not wanting to take on the huge company, but it shows that names don't even have to be the same to get this type of attention.

Here's a link with more details
http://www.paloaltoonline.com/weekly/morgue/news/1996_Dec_20.JUICE.html

The HBS lawyer doesn't care about the coffee company and all the others because it is not a similar product like smoothies or beer (commercial vs homebrew).

I guess I can see both sides of the story, but why did it take 3.5 years from brewery domain registration to HBS noticing? Seems like he would be more vigilant if this is his response.
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Old 11-12-2012, 11:49 AM   #62
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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.
You're being too realistic here...
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Old 11-12-2012, 11:50 AM   #63
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Originally Posted by bovineblitz

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.
Nope, no reason to feed you, Mr troll.
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Old 11-12-2012, 02:26 PM   #64
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Originally Posted by usfmikeb View Post
Nope, no reason to feed you, Mr troll.
Lol. Nevermind that I've explained my thoughts and am willing to engage in actual discussion.

Looks like you're the troll.

Pretty funny stuff.
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Old 11-12-2012, 02:30 PM   #65
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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.
On #2, that's kind of an insulting response, don't you think?

"You legally can't use this name, we've had it copyrighted for 15 years"

"Oh, okay. How about we put up a sign in our brewery with your website on it? Deal?"

That has nothing to do with the issue at hand, it's basically a brush off.
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Old 11-12-2012, 02:51 PM   #66
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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.
Everything else is speculation.
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Old 11-12-2012, 03:03 PM   #67
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Maybe the brew shop tried calling the brewery and the brewery said ”Sue me”. I could see how they are upset. Having shipments sent to the wrong address can delay supplies and make customers unhappy. The vendors probably have them both on the computer and just clicked on the wrong strange.

I also feel teaming up does not help the brew shop. They don't really have anything to gain. The brewery has more to gain there as they would get royalty from their recipe kits.

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Old 11-12-2012, 04:57 PM   #68
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Maybe the brew shop tried calling the brewery and the brewery said ”Sue me”. I could see how they are upset. Having shipments sent to the wrong address can delay supplies and make customers unhappy. The vendors probably have them both on the computer and just clicked on the wrong strange.

I also feel teaming up does not help the brew shop. They don't really have anything to gain. The brewery has more to gain there as they would get royalty from their recipe kits.
From everything I've read, first contact from brew shop was first letter in the story.

Completely disagree on the recipe kits. The brew shop has managed to get a total of 24 customers in Colorado in 16 years, showing that they effectively have little to no sales in that state. By having exclusive kits for a Colorado brewery that has won GABF awards, their sales in that state could jump.

There are definitely ways for the homebrew shop to gain customers here, but they've instead chosen to avoid any discussion of options, dismissing them out of hand. Kind of like a few people on this thread.
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Old 11-12-2012, 04:59 PM   #69
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Originally Posted by bovineblitz

Lol. Nevermind that I've explained my thoughts and am willing to engage in actual discussion.

Looks like you're the troll.

Pretty funny stuff.
Nope, you're clearly a troll. Congrats!
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Old 11-12-2012, 05:00 PM   #70
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Originally Posted by usfmikeb View Post
Nope, you're clearly a troll. Congrats!
You do realize what you're doing is classic troll behavior, right?

Done feeding you.
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