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**headbanger** · 07-08-2011, 04:56 PM

Legally you can refer to your garage, basement, or wherever you brew however you see fit. You could call it the anheiser bush brewery if you felt like it and there's not one dang thing anybody else can do about it.

MBasile · 07-08-2011, 07:10 PM

Quote:

Originally Posted by bambam190

I think he did a good job of pointing it out, in a non threatening way, no ill will wanted from either party, I' change the name of my home brewery if I recieved a letter like that, its no big deal and gives me something to think about when I'm having a beer.

Quote:

Originally Posted by headbanger

Legally you can refer to your garage, basement, or wherever you brew however you see fit. You could call it the anheiser bush brewery if you felt like it and there's not one dang thing anybody else can do about it.

Changing what he refers to his home brewing hobby as wasn't the issue. The brewer/owner didn't tell him to change anything. Just gave him a heads up that if he did try to take it pro, the name is already in use and protected.

Something something stitch in time.

bambam190 · 07-08-2011, 08:27 PM

Quote:

Originally Posted by MBasile

Changing what he refers to his home brewing hobby as wasn't the issue. The brewer/owner didn't tell him to change anything. Just gave him a heads up that if he did try to take it pro, the name is already in use and protected.

Something something stitch in time.

My point was that its just a name to me, its his business. Your point is valid, I just like the idea of guys making a go of this hobby professionally, and I support it.

BTW.... I googled the brewery, he just opened on July 1st. I bet he was looking around to see if anyone else had used his name.

**bluemoose** · 07-08-2011, 08:32 PM

If he recently opened the OP could make the case he has been using it at least since his first post on this site. I know this is not the point, but it is an interesting development. If he wanted to press the issue, he probably could.

MBasile · 07-08-2011, 08:41 PM

Quote:

Originally Posted by bluemoose

If he recently opened the OP could make the case he has been using it at least since his first post on this site. I know this is not the point, but it is an interesting development. If he wanted to press the issue, he probably could.

But does non-commercial use = trademark?

bambam190 · 07-08-2011, 08:45 PM

Isn't it first trademark first served? like a patient?

**Airborneguy** · 07-08-2011, 09:30 PM

Copyrights can be pressed based on proof that the person was using it/created it/suggested it, etc. But trademarks must be registered. I don't see someone being able to overcome a registered trademark being used for commercial purposes using a forum signature as proof. If you look on the trademark website, it clearly states that even if you do register a trademark, it must be actually used commercially within 6 months or else you have to file for an extension.

MBasile · 07-08-2011, 11:25 PM

Quote:

Originally Posted by Airborneguy

Copyrights can be pressed based on proof that the person was using it/created it/suggested it, etc.

Define "use" though. It seems like using it as your a label for our home brewing hobby wouldn't stand up against commercial use.

**Airborneguy** · 07-08-2011, 11:30 PM

Actually if anything would survive, it would be a label because it would be considered original artwork. If I could prove it was mine and they copied it, the type of use shouldn't matter.

I published a book a few years ago and never officially copyrighted it because I learned that as long as I could prove when I wrote the book (it was published, so duh), I would get some level of copyright protection anyway.

ToddO · 07-09-2011, 03:28 AM

Happened to Firestone-

http://www.brewbound.com/news/headlines/firestone-walker-to-change-name-of-abacus/

They handled it wonderfully. It happens. Put yourself in their shoes - would you have handled it as well? Come up with a new name and move on..