Battle over the "strange" name

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SO you're saying I can open up a brewery, call it terrapin, or Flying Fish, or anything else that's an Organism and be fine? I don't think that would fly if I went to court. Like I don't think that the Seattle Seahawks can change their name to the Eagles and survive a TM dispute over it. And the Eagles have a trademark on their logo and name for merchandising. I don't think it's as clean cut as "can't trademark and organism"

No, I'm not saying that. Should have been more clear.

In the quote, the poster commented that it wouldn't matter that they both took the same idea from the Grateful Dead. The Grateful Dead album/song is Terrapin Station, not Terrapin. The Grateful Dead would not have a case against either of them, so long as they didn't use the album art's likeness or something else.

And you can't copyright an organism unless it's genetically engineered. I didn't mean the two statements to be connected in the way they appear in the post your quoted. Poor writing. But anyway, that's why White Labs can sell WLP 001 and Wyeast can sell WY 1056, both of which were cultured from Sierra Nevada, and nobody can sue you for owning a Terrapin.
 
No, I'm not saying that. Should have been more clear.

In the quote, the poster commented that it wouldn't matter that they both took the same idea from the Grateful Dead. The Grateful Dead album/song is Terrapin Station, not Terrapin. The Grateful Dead would not have a case against either of them, so long as they didn't use the album art's likeness or something else.

And you can't copyright an organism unless it's genetically engineered. I didn't mean the two statements to be connected in the way they appear in the post your quoted. Poor writing. But anyway, that's why White Labs can sell WLP 001 and Wyeast can sell WY 1056, both of which were cultured from Sierra Nevada, and nobody can sue you for owning a Terrapin.

Gotcha, that makes much more sense:tank:
 
Well, no one's going to confuse an aerospace company and a microbrewer. Two companies can have similar names if they're operating in wholly different business; what I've tried to argue is that selling homebrew supplies and selling actual beer are sufficiently distinct that I don't think the homebrew shop's claim is valid.
 
beer is a fairly generic term and since they are in the business of selling supplies to make beer they may have a valid case of using that trademark over the years even if they were not yet an established brewery - again it will be up to the judge IMO
 
Yeah, it's up to the judge... but to my mind, it's distinct enough, particularly given the geography.

Apparently part of what started this was vendors applying purchases to the wrong account - meaning that in actual practice they were not different enough and it caused confusion.
 
geography will play less of a factor as well since the LHBS has an online business and claims to have customers in CO
 
geography will play less of a factor as well since the LHBS has an online business and claims to have customers in CO

Geography is a long dead theory in pretty much any retail situation at this point. I shop and drink local - but google only vaguely knows where you are:

SB.jpg
 
No, I'm not saying that. Should have been more clear.

In the quote, the poster commented that it wouldn't matter that they both took the same idea from the Grateful Dead. The Grateful Dead album/song is Terrapin Station, not Terrapin. The Grateful Dead would not have a case against either of them, so long as they didn't use the album art's likeness or something else.

And you can't copyright an organism unless it's genetically engineered. I didn't mean the two statements to be connected in the way they appear in the post your quoted. Poor writing. But anyway, that's why White Labs can sell WLP 001 and Wyeast can sell WY 1056, both of which were cultured from Sierra Nevada, and nobody can sue you for owning a Terrapin.

I wasn't saying that the grateful dead had a case, just that the fact that prior use does not make it less of an issue. There seem to be a number of assertions that the Cream song or movie make it a moot point.
 
Geography is a long dead theory in pretty much any retail situation at this point. I shop and drink local - but google only vaguely knows where you are:

SB.jpg

I don't know about that. You'd be surprised how close Google will get to your address just knowing your IP.

Go to http://www.maps.google.com

Type 'where am i' in the search bar and press enter.

Almost guaranteed it nails your zipcode.
 
I don't know about that. You'd be surprised how close Google will get to your address just knowing your IP.

Go to http://www.maps.google.com

Type 'where am i' in the search bar and press enter.

Almost guaranteed it nails your zipcode.

Missed me by a zipcode, a town, and about 7 miles LOS.

I actually feel good about all that ;)

Cheers!
 
StittsvilleJames said:
I think Alternative Brewing, the company who runs homebrew.com, will be upset about you not shopping there considering they likely have no stake in this at all...

Did you read the letter from the Masshole Brew Supply lawyer? He says they do....
 
Did you read the letter from the Masshole Brew Supply lawyer? He says they do....

Actually it is home-brew.com. Funny how easy it was to confuse the two websites. Almost like you might confuse two companies with similar names. Yet somehow I was able to find the proper one. Wonder what the suppliers excuse was. I would be pissed at the supplier if they screwed up like that.
 
I was sorry to hear about this for the folks at Strange Brewing Company. My girlfriend and I liked their beers. They had a wide selection during the week of GABF. I hope everything works out for them.
 
Apparently part of what started this was vendors applying purchases to the wrong account - meaning that in actual practice they were not different enough and it caused confusion.

However, a trademark case isn't about vendors, its about customers. Vendor confusion is irrelevant.
 
However, a trademark case isn't about vendors, its about customers. Vendor confusion is irrelevant.

While trademarks are about consumer confidence, non-consumers aren't irrelevant. Recently the 8th circuit found that non-consumer (specifically vendor) confusion was evidence of likely past and future consumer confusion.
 
I don't know about that. You'd be surprised how close Google will get to your address just knowing your IP.

I understand that - I was just giving an example of how regardless of location Google is going to show both companies on the first page.

Actually it is home-brew.com. Funny how easy it was to confuse the two websites. Almost like you might confuse two companies with similar names. Yet somehow I was able to find the proper one. Wonder what the suppliers excuse was. I would be pissed at the supplier if they screwed up like that.

It happens. You know - you get a call: "Hey, this is Strange Brew, I need some grain." Guy on the phone picks the first one on the list and bingo - billed to the wrong account.

While trademarks are about consumer confidence, non-consumers aren't irrelevant. Recently the 8th circuit found that non-consumer (specifically vendor) confusion was evidence of likely past and future consumer confusion.

Right, the same path to confusion works up and down the chain.
 
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