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Home Brew Forums > Home Brewing Community > General Chit Chat > Starbucks vs Exit 6 brewpub
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Old 01-11-2014, 03:02 AM   #41
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Bobby mentioned the key here a few post ago (sorry if someone else did and I missed it). Trademark law REQUIRES that you defend your trademark. It doesn't matter if it is against Exxon Mobil or Jimmy John's Bar and Grill. If a trademark is "selectively" enforced it then becomes un-enforceable and the trademark falls apart.

If Starbucks didn't send the cease and desist, anyone could have then used the word... and Starbucks could do nothing to stop them.

I just went through this with Anchor as we had made a "Black Steam". We got the cease and desist letter and I was all sorts of pissed about it until it was explained to me that if Anchor hadn't taken action against us, they wouldn't be able to protect their trademark of "Steam" going forward.

Now... should they be able to trademark "steam"? That's a different debate. They trademarked "steam" and in order to keep the trademark they had to send us the letter.

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Old 01-11-2014, 03:33 AM   #42
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Being asked to stop using a another businesses trade mark is all the reasons you don't want to go pro?
That. And insurance. And supply chains. And labeling. And distribution. And employee relations. And making sure there's enough handicap spaces in the parking lot. And zoning. And tax compliance. And regulations governing wastewater. And managing cost of goods sold. Etc, etc, etc.

Trademarks are just one more thing distracting you from making great beer when that's how you theoretically make a living. It's much easier to make great beer at home ;-)
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Old 01-11-2014, 05:51 AM   #43
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Originally Posted by Cape Brewing View Post
Bobby mentioned the key here a few post ago (sorry if someone else did and I missed it). Trademark law REQUIRES that you defend your trademark. It doesn't matter if it is against Exxon Mobil or Jimmy John's Bar and Grill. If a trademark is "selectively" enforced it then becomes un-enforceable and the trademark falls apart.

If Starbucks didn't send the cease and desist, anyone could have then used the word... and Starbucks could do nothing to stop them.

I just went through this with Anchor as we had made a "Black Steam". We got the cease and desist letter and I was all sorts of pissed about it until it was explained to me that if Anchor hadn't taken action against us, they wouldn't be able to protect their trademark of "Steam" going forward.

Now... should they be able to trademark "steam"? That's a different debate. They trademarked "steam" and in order to keep the trademark they had to send us the letter.
That sucks.

But did you send them $6.

Since "steam" related to beer is a product name based on a production technique, I guess they have a legitimate claim. Similar to SN's hop torpedo...

And come on Cape, we know you ......post a copy of your smart ass reply.
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Old 01-11-2014, 06:47 AM   #44
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That sucks.

But did you send them $6.

Since "steam" related to beer is a product name based on a production technique, I guess they have a legitimate claim. Similar to SN's hop torpedo...

And come on Cape, we know you ......post a copy of your smart ass reply.
He probably owns this brewery in question as well. Throw a go pats at the end of that letter to Starbucks and its got Cape written all over it.
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Old 01-11-2014, 12:26 PM   #45
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Real mature

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Old 01-12-2014, 05:19 AM   #46
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Nah. Fritz is just making you his ..... you just have to have the cajones to stand up to him. Like these guys

http://beeradvocate.com/beer/profile/3818/92094/

I saw them just the other day in the packy. Then again its not on their website. Im smelling lost money by stc.

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Old 01-12-2014, 07:02 AM   #47
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Fritz ain't making anyone his anything. He sold the brewery to the Skyy Vodka guys 3-4 years ago

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