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-   -   Interesting PM... (http://www.homebrewtalk.com/f14/interesting-pm-255642/)

illin8 07-08-2011 12:46 AM

Interesting PM...
Now, I don't know if I should have researched using the name more when I just casually named my basement brewing escapades...but I received this PM today. Struck me as BS at first...but then realized (or think) it must be legit. I understand (I guess) where he is coming from...however, I am FAR from a threat to opening a commercial operation though!


Removed PM as courtesy to the sender and forum rules...don't need to be out of line or piss anyone off, that wasn't my intent
Basically, I was contacted by the owner of a commercial brewery that has the same name as my 'make believe' basement brewery for which I have in my signature. In a fairly nice and non-aggressive manner he indicated that it is trademarked/copyrighted and they wanted me to be aware if I ever intended on taking my operation commercial (in a nutshell).

Has this ever happened to anyone before? I actually think it's pretty comical now...with 3 kids under 4, the mortgage and daycare which has eaten through savings...opening a brewery from my financial situation is about as much of a possibility as me becoming pregnant!

kbuzz 07-08-2011 12:50 AM

it is pretty funny, but I think he took the right approach...protect himself while acknowledging that he's probably coming off as a bit over the top...

Zen_Brew 07-08-2011 12:53 AM

I think it was a pretty cool way of letting you know "just in case" you were gonna take it up another notch, and kinda funny considering the current likelihood you will be starting up a brewery.

Clann 07-08-2011 12:54 AM

Haha They are just covering their a$$

bluemoose 07-08-2011 01:05 AM

Do you think A$$hole brewing company, LLC has already been trademarked?:D

Greyhound 07-08-2011 01:18 AM

If you were thinking of going commercial (which apparently you're not), he would actually be doing you a favor by letting you know in advance that the name is already taken. No harm, no foul, but I can see how it may seem ridiculous under the circumstances.

JollyIsTheRoger 07-08-2011 01:24 AM

What's funny to me is that everyone says the brewing company didn't the right thing here by letting him know (I think so too) but when bells did this to northern brewer over their two hearted clone everyone was condemning them.

Back on topic, guess that means you picked a good name for your brewery haha, just mix it up a bit if you go pro

Airborneguy 07-08-2011 01:38 AM

Remember that with trademarks, the holder has to show that they attempted to protect the trademark or else the second user can possibly gain the legal right to that trademark. I think that was more the goal of this communication.

LVBen 07-08-2011 01:40 AM

The e-mail was a very nice gesture. Obviously, they didn't know whether or not you had any intentions of ever going pro. Creating a brewing company <Edit:>Name</> could definitely be considered a sign that someone has at least a slight intention of doing so.

The Two Hearted issue seems like a completely different issue to me.

mdgagne 07-08-2011 01:49 AM

The proprietor of a local micro-winery told me that he received correspondence from a California-based winery's lawyer that he must change the name of his winery... Luckily he was able to get away with simply changing the spelling but it would have sucked if he had to change the name entirely. I think it's cool that he took. The time to inform you in a passive way.

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