Oskar Blues "Gordon" forced to change its name
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I've never been a big fan of Gordon Biersch and this kind of bullsh!t makes me care even less for them. I'm glad Oscar Blues is embracing the change and using it for a positive spin.
Oscar Blues - Class act
Gordon Biersch - Class Hack
Oscar Blues - Class act
Gordon Biersch - Class Hack
SpanishCastleAle
Well-Known Member
I probably would have sent Gordon Biersch a cease and desist (I realize GB predates OB by about a decade, I'm just a smartass). I thought the restaurant group and brewery were separate entities, if so I wonder how the brewery feels about this?
I've never had a Gordon Biersch beer and definitely won't have one now nor eat at the restaurant. Oskar Blues makes some really good beers though and I love that they come in cans. Dale's Pale Ale is probably my favorite Pale Ale.
The irony is that any 'mistaken identity' would probably favor Gordon Biersch and be a detriment to Oskar Blues.
I've never had a Gordon Biersch beer and definitely won't have one now nor eat at the restaurant. Oskar Blues makes some really good beers though and I love that they come in cans. Dale's Pale Ale is probably my favorite Pale Ale.
The irony is that any 'mistaken identity' would probably favor Gordon Biersch and be a detriment to Oskar Blues.
Steelers77
Vendor
This is odd, I just ate at a Gordon Biersch. That being said, all I could think about when I was there was the fact that this "Brewpub" was a little too upscale for me and the beer wasn't that good.
After seeing this I will never go to one of their establishments ever again.
Besides how could you not love a brewery that has a beer named Ten Fidy
After seeing this I will never go to one of their establishments ever again.
Besides how could you not love a brewery that has a beer named Ten Fidy
ColoradoXJ13
Well-Known Member
Well, I guess I am done going to Gordon Biersch (only been twice) and RockBottom's, Boo to craftworks.
Between this and their recent handling of Rock Bottom, Gordon Biersch is making QUITE the name for themselves. Hmm, is any publicity REALLY good publicity?!?!
UncleChuck
Active Member
That seems pretty lame of Gordon Biersh to due such a thing.
On the linked article someone had E-Mailed them complaining, and got this response:
"I understand your consternation over the information you probably received from the two blog postings linked to below. Let me assure you that, as is often the case with the internet, they are relatively devoid of facts and context.
http://beeradvocate.com/forum/...
While it is true that Dan Gordon, an original founder of Gordon Biersch, has asked Oskar Blues to change the name of the beer "Gordon" it is a little more involved than the Beer Advocate posting would imply. Oscar Blues came out with a single beer named "Gordon," in memory of the late brewer Gordon Knight, in 2002. Dan Gordon has been producing German Lagers and Hefeweizen with the name Gordon Biersch on the label since 1988. Dan asked Oskar Blues to change their beer name to "Knight" or some other moniker that consumers would not confuse with his beer for years. They had settled on a verbal agreement that Oskar Blues would not sell the brand "Gordon" in states where Gordon Biersch is distributed, which did not include Oskar Blues' home state of Colorado.
Oskar Blues did not hold up their end of the bargain and that is why legal action was taken.
Please keep in mind that all businesses have the right and obligation to protect their trademarks. We have received cease and desist letters over the years for beer names such as "SummerFest" and have always complied out of respect for our brewing brethren, if in fact they had the name before us. This includes the most respected craft breweries in the country, there is no resentment, it is simply good business.
I implore you to keep on open mind about what "Craft Beer" is and who defines it. We have 68 hard working brewers whose livelihoods and families depend on the wisdom of beer connoisseurs such as yourself not to let be led astray by the self appointed "experts." Like beer, information is best when it is obtained fresh at its source. So let bloggers chatter all they want; we will continue making some of the best beer you can find on the planet in hopes that you will appreciate imbibing it as much as we appreciate your patronage.
Prost,
Kelly Wilson
Director of Marketing - Brewery Restaurant Group and Specialty Concepts CraftWorks Restaurants & Breweries, Inc."
Oh, I see, Oskar Blues is the bad guy in all this. I don't really understand, wouldn't the entire "Gordon Biersch" name be trademarked, not just the word "Gordon"
Considering quite a few breweries use the word "brewing" or "brewery" in their name wouldn't that mean everybody but the first person to name themselves "XX Brewing" is also infringing on the trademark of someone else?
On the linked article someone had E-Mailed them complaining, and got this response:
"I understand your consternation over the information you probably received from the two blog postings linked to below. Let me assure you that, as is often the case with the internet, they are relatively devoid of facts and context.
http://beeradvocate.com/forum/...
While it is true that Dan Gordon, an original founder of Gordon Biersch, has asked Oskar Blues to change the name of the beer "Gordon" it is a little more involved than the Beer Advocate posting would imply. Oscar Blues came out with a single beer named "Gordon," in memory of the late brewer Gordon Knight, in 2002. Dan Gordon has been producing German Lagers and Hefeweizen with the name Gordon Biersch on the label since 1988. Dan asked Oskar Blues to change their beer name to "Knight" or some other moniker that consumers would not confuse with his beer for years. They had settled on a verbal agreement that Oskar Blues would not sell the brand "Gordon" in states where Gordon Biersch is distributed, which did not include Oskar Blues' home state of Colorado.
Oskar Blues did not hold up their end of the bargain and that is why legal action was taken.
Please keep in mind that all businesses have the right and obligation to protect their trademarks. We have received cease and desist letters over the years for beer names such as "SummerFest" and have always complied out of respect for our brewing brethren, if in fact they had the name before us. This includes the most respected craft breweries in the country, there is no resentment, it is simply good business.
I implore you to keep on open mind about what "Craft Beer" is and who defines it. We have 68 hard working brewers whose livelihoods and families depend on the wisdom of beer connoisseurs such as yourself not to let be led astray by the self appointed "experts." Like beer, information is best when it is obtained fresh at its source. So let bloggers chatter all they want; we will continue making some of the best beer you can find on the planet in hopes that you will appreciate imbibing it as much as we appreciate your patronage.
Prost,
Kelly Wilson
Director of Marketing - Brewery Restaurant Group and Specialty Concepts CraftWorks Restaurants & Breweries, Inc."
Oh, I see, Oskar Blues is the bad guy in all this. I don't really understand, wouldn't the entire "Gordon Biersch" name be trademarked, not just the word "Gordon"
Considering quite a few breweries use the word "brewing" or "brewery" in their name wouldn't that mean everybody but the first person to name themselves "XX Brewing" is also infringing on the trademark of someone else?
McGarnigle
Well-Known Member
I didn't even know this:
"Gordon, the Oskar Blues beer, is named for Gordon Knight, a fire-fighting helicopter pilot and brewer who helped create the Twisted Pine, Wolf Tongue and Estes Park breweries in the early 1990s. Knight was killed in 2002 when the helicopter he was using to drop water on a fire near Lyons crashed."
That makes Gordon Biersch come across even worse.
"Gordon, the Oskar Blues beer, is named for Gordon Knight, a fire-fighting helicopter pilot and brewer who helped create the Twisted Pine, Wolf Tongue and Estes Park breweries in the early 1990s. Knight was killed in 2002 when the helicopter he was using to drop water on a fire near Lyons crashed."
That makes Gordon Biersch come across even worse.
riverfrontbrewer
Well-Known Member
Good post Wayne.....
One off topic item that I would like to point out to those that may not know or don't have access to Oscar Blues beers......look at the back of a can, or the can design above, at the "screen" between "ball" and "OB". That always makes me laugh!
One off topic item that I would like to point out to those that may not know or don't have access to Oscar Blues beers......look at the back of a can, or the can design above, at the "screen" between "ball" and "OB". That always makes me laugh!
mrmekon
Well-Known Member
The slimiest part is that they even had to remove his name, Gordon Knight, from that little paragraph on the can.
To be fair to Gordon Biersch, it would take a true idiot to confuse OB Gordon with a Gordon Biersch beer... and that accounts for most of their clientele.
To be fair to Gordon Biersch, it would take a true idiot to confuse OB Gordon with a Gordon Biersch beer... and that accounts for most of their clientele.
OP
OP
Wayne1
Well-Known Member
I decided to post this here to let people know about how corporate types are infiltrating the craft beer business, much to the detriment of all of us.
I personally knew Gordon Knight. I was very happy to see that OB named a beer after him. Gordon was a chopper pilot in during the Vietnam conflict. He survived that and came back to Colorado. He still always volunteered whenever help was needed with wildfires on the front range in CO.
He was also a pioneer in craft brewing. When I was brewing at the Hubcap Brewery in Vail, we had purchased a four head Meheen filler for 22 oz bottles. This is a fairly small filler and capper for packaging carbonated beer. We didn't use it all the time, so we would rent it out. I would load the filler into the back of my S-10 pickup and drive down from Vail to various breweries on the front range. Twisted Pine was one of them.
Gordon was a kind and gentle person that would always have a good word for everyone. It does bother me that corporate branding has taken precedence over honoring the memory of a wonderful human being.
I personally knew Gordon Knight. I was very happy to see that OB named a beer after him. Gordon was a chopper pilot in during the Vietnam conflict. He survived that and came back to Colorado. He still always volunteered whenever help was needed with wildfires on the front range in CO.
He was also a pioneer in craft brewing. When I was brewing at the Hubcap Brewery in Vail, we had purchased a four head Meheen filler for 22 oz bottles. This is a fairly small filler and capper for packaging carbonated beer. We didn't use it all the time, so we would rent it out. I would load the filler into the back of my S-10 pickup and drive down from Vail to various breweries on the front range. Twisted Pine was one of them.
Gordon was a kind and gentle person that would always have a good word for everyone. It does bother me that corporate branding has taken precedence over honoring the memory of a wonderful human being.
Hey now! Even the truest idiot can tell crap brewpub swill from quality (and innovative marketers) brewers.
I didn't know the man, but...HEAR, HEAR!!!
EDIT: In fact, quite honestly, end of discussion with that great post my friend!
northernlad
Well-Known Member
So a company can't try to protect their branding because a guy is dead? It seems everyone of you have made a deliberate choice to ignore the fact that there was an agreement in place that was violated by Oskar Blues and that is why it has come to this.
This thread couldn't back up Biersch's position any more effectively.
This thread couldn't back up Biersch's position any more effectively.
See Wayne's post above, forcing them to take off the Gordon Knight name on the side of the can is ridiculous. The man's name was actually, get this...GORDON Knight. I understand an agreement was in place and a company has every right to protect themselves, but it's the difference between the things we CAN do and the things we SHOULD do. So, yes, Gordon Biersch can rest easy knowing they are legally in the right and I also have EVERY right to look at the situation and tell them, bad call.
riverfrontbrewer
Well-Known Member
As with many things in life, "just because you can, doesn't mean you should"
UncleChuck
Active Member
It doesn't seem like they are protecting their branding. It seems like they are just being petty.
I could totally understand if Oskar Blues was selling a beer with "Gordon Biersch" plastered across the can. But they weren't, they were selling a beer, that comes in a CAN instead of a bottle like Gordon Biersch, with totally different looking labeling, that was simply called "Gordon"
There would be no way any sane person would confused the two different beers. The idea of protecting a name brand is to make sure nobody is profiting off your specific brand, or damaging the brand by selling something inferior under the same name. Neither of those are the case here, and it seems Gordon Biersch is doing enough to damage their own brand name with this low move.
I could totally understand if Oskar Blues was selling a beer with "Gordon Biersch" plastered across the can. But they weren't, they were selling a beer, that comes in a CAN instead of a bottle like Gordon Biersch, with totally different looking labeling, that was simply called "Gordon"
There would be no way any sane person would confused the two different beers. The idea of protecting a name brand is to make sure nobody is profiting off your specific brand, or damaging the brand by selling something inferior under the same name. Neither of those are the case here, and it seems Gordon Biersch is doing enough to damage their own brand name with this low move.
Is anybody else thinking about this:
I just don't understand who in their right mind at Gordon Biersch. Again, I'm glad Oskar Blues seems to be spinning it positively and I can only hope that Gordon Biersch feels some sort of backlash over a ridiculous act.
I just don't understand who in their right mind at Gordon Biersch. Again, I'm glad Oskar Blues seems to be spinning it positively and I can only hope that Gordon Biersch feels some sort of backlash over a ridiculous act.
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northernlad
Well-Known Member
So they change it to G'Knight. An equally fitting homage and they get a shytload of press in the process.
It is very petty but such is corporate American life. Not that I approve.
Well, in the end, I would say that's missing the point. If they get some good press out of this then that's great, but it doesn't change my opinion that the man's name belongs on the can. Gordon Biersch could have, no that's not right...SHOULD have handled this better. At some point, in some corporate meeting somewhere, someone needed to raise their hand and ask, "Do we really want to do this?"
Exactly... what were these twerps thinking?!?!? This kind of thing makes me so mad!!!!!!!!!
ReverseApacheMaster
Well-Known Member
Like northernlad said, is it really bad that a company wants to protect the trademark and name it has spent hundreds of thousands to millions of dollars building and advertising? It's not like this is a situation where the two beers could never be on the shelf next to each other and consumers would never have a reasonable opportunity to confuse the two. Apparently, according to the original agreement, both parties were supposed to make sure that never happened. It seems Oskar Blues failed to live up to its word.
It's unfortunate that there was a conflict over something intended to be a tribute.
It's unfortunate that there was a conflict over something intended to be a tribute.
SpanishCastleAle
Well-Known Member
I think what many of us are saying is that this cease and desist does no such thing. Nobody was confusing beers made by a company called Gordon Biersch with a specific beer called Gordon from a completely different brewery. I guess this precludes everyone else from using the words Oscar or Blue in the name of their beers.
UncleChuck
Active Member
That's the thing I'm totally not understanding here... I'm not well versed in trademark law, anyone with more understanding care to chime in?
Is A-B's awful "Wild Blue" lager infringing upon the trademark of Oskar Blues because they both have the word blue in them?
There are tons of words that cross over a variety of different brands, how is it forbidden for Oskar Blues to do the same thing? Labatt Blue, Blue Moon, Blue Star, how is all these beers using the word Blue OK, but two different beers both using the word "Gordon" not?
mrmekon
Well-Known Member
No, more common in trademark infringement cases is a big guy falsely accusing a small guy who can't afford the multiple millions of dollars it would take to defend himself. If both parties had millions to throw at the case, eventually it would be thrown out. Trademark is used in conjunction with tons of cash to bully other companies arbitrarily.
See this famous 30-year-long case: Apple Corps v Apple Computer
KingBrianI
Well-Known Member
****! My last name is Gordon! Does this mean when I start a brewery I can't name it Gordon Brewing Company?!?
Is it supposed to be a sink screen for use in a tobacco pipe?
BoxofRain
Well-Known Member
Reminds me of what Monster Cable has been doing to any company with monster in it's name.
northernlad
Well-Known Member
Signs point to yes.
See, but there's the real point. GB could have let this one slide, but they chose not to. It is not a piratical infringement of their name.
Well, at least no one who isn't a complete moron that is! Heck, it's not even confusingly similar. I'm sure there are some people who would confuse the two, but we've got to stop this trend of making decisions based on what Tom, the village idiot, perceives.
For a look at what could have been done in the brewing industry, look at the story behind Avery/Russian River Collaboration, Not Litigation.
Both brewers became aware that the other was brewing a beer by the name of "Salvation." Instead of seeking a lawsuit, they sat down at a bar and over a few of their beers they decided to not only continue making their own beers with that name but to also to do a collaboration by blending the two and celebrating their common ground.
The craft brew industry is full of stories of brewers working together. It is only when the corporate mentality overwhelms the brewer's better nature that we see this sort of despicable nonsense.
Both brewers became aware that the other was brewing a beer by the name of "Salvation." Instead of seeking a lawsuit, they sat down at a bar and over a few of their beers they decided to not only continue making their own beers with that name but to also to do a collaboration by blending the two and celebrating their common ground.
The craft brew industry is full of stories of brewers working together. It is only when the corporate mentality overwhelms the brewer's better nature that we see this sort of despicable nonsense.
That's a great example. I remember seeing that brew in the store and marveling at it.
I think I bought some of the last "Gordon" labeled beer from Oskar Blues. I was surprised to find it (last week in San Antonio, TX). Check out the message below the date stamp.
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