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Old 07-08-2011, 12:46 AM   #1
illin8's Avatar
Apr 2008
South County, RI
Posts: 444
Liked 1 Times on 1 Posts

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!
South County Brewing Co.
Primaries 1 & 2: Apfelwein
Primary 3: EdWort's Haus Pale Ale
Bottle Conditioning: AHS Oktoberfest, Biermuncher's Centennial Blonde

On deck: Nothing (recently moved/working on the laundry list)

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Old 07-08-2011, 12:50 AM   #2
Jan 2011
Pittsburgh, PA
Posts: 458
Liked 9 Times on 9 Posts

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...
Primary: Sour Brown, RIP Stout
Kegged: Pumpkin Stout
Future Brews: a gluten-free beer for my mother-in-law, barleywine

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Old 07-08-2011, 12:53 AM   #3
Zen_Brew's Avatar
May 2009
Posts: 1,864
Liked 23 Times on 23 Posts

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.
Primary: German Hef, Belgian IPA, Scottish 80, Belgian Dubbel
On Tap: Oatmeal Stout, Vanilla Oatmeal Stout, Belgian Dark Strong, Munich Dunkel, Dunkel Weizen, Oktoberfest, Bock, IPA, Black IPA, English IPA, Pale Ale

Using the mind to look for reality is delusion. Using your senses to look for reality is awareness.

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Old 07-08-2011, 12:54 AM   #4
Jun 2010
Edmonton Ky
Posts: 1,335
Liked 16 Times on 16 Posts

Haha They are just covering their a$$
Back Nine Brew&Wine
Life don't get better than a beer and a pepper.
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Old 07-08-2011, 01:05 AM   #5
bluemoose's Avatar
Jun 2011
, Vermont
Posts: 3,318
Liked 260 Times on 196 Posts

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

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Old 07-08-2011, 01:18 AM   #6
Greyhound's Avatar
Nov 2008
Shirley, MA, USA
Posts: 366
Liked 18 Times on 16 Posts

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.
"They don't think it be like it is, but it do." - Oscar Gamble

"It is what it is." -Erich Fried

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Old 07-08-2011, 01:24 AM   #7
JollyIsTheRoger's Avatar
Feb 2011
Northwest Indiana/Chicago
Posts: 520
Liked 29 Times on 23 Posts

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
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Old 07-08-2011, 01:38 AM   #8
Adjunct of the Law
Airborneguy's Avatar
Sep 2009
Isle of Staten
Posts: 10,886
Liked 856 Times on 626 Posts

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.
Bottled: Atonement Brown Porter

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Old 07-08-2011, 01:40 AM   #9
LVBen's Avatar
Jan 2010
Las Vegas, NV
Posts: 1,343
Liked 21 Times on 21 Posts

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.

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Old 07-08-2011, 01:49 AM   #10
Jun 2011
South China, Maine
Posts: 277
Liked 17 Times on 15 Posts

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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