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Old 01-27-2013, 07:00 PM   #171
davefleck
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30 breweries are getting together for a sold out event to help pay for the legal costs. Huge level of support for the amazing small brewery.

 
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Old 01-27-2013, 07:22 PM   #172
Knecht_Rupprecht
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I will say that while Strange Brew isn't the closest LHBS I'll drive the extra 20 minutes each way because the guys that work there are the best. Not sure how I feel about the litigation, but great selection and staff worth visiting if you're in the greater Boston area.

 
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Old 01-27-2013, 07:37 PM   #173
day_trippr
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^^^ I agree about the store and Brian, Josh et al that work there. As for the litigation, it's just the pain in the ass part of running a business...

Cheers!

 
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Old 01-27-2013, 07:44 PM   #174
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Quote:
Originally Posted by day_trippr View Post
As for the litigation, it's just the pain in the ass part of running a business...
No, its stupidity. Many other breweries have been able to resolve this the easy way, but the store owner doesn't want to do that. Unfortunately for the store owner, there's enough support in CO to help fund Strange Brewing's legal costs.

 
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Old 01-28-2013, 11:35 PM   #175
Knecht_Rupprecht
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Quote:
Originally Posted by usfmikeb View Post

No, its stupidity. Many other breweries have been able to resolve this the easy way, but the store owner doesn't want to do that. Unfortunately for the store owner, there's enough support in CO to help fund Strange Brewing's legal costs.
Name who have taken said easy way (30 bonus points if you can outline the easy way). I know that litigation is the last thing I would want if I was either party. But if a business 1,500 miles away was hurting my reputation with vendors after I had gotten all many ducks in a row I would be pissed.

At the end of the day, owning a small business is hard. Issues like this are always much more complicated than anyone who identifies an industry as a community would ever care to admit.

 
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Old 01-29-2013, 07:22 PM   #176
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Quote:
Originally Posted by Knecht_Rupprecht View Post
Name who have taken said easy way (30 bonus points if you can outline the easy way). I know that litigation is the last thing I would want if I was either party. But if a business 1,500 miles away was hurting my reputation with vendors after I had gotten all many ducks in a row I would be pissed.
If you are business with a bunch of customers and you send product to James Karns instead of James Kerns-Who's fault is that? Is it James' fault because he has a similar name? Did James hurt the other James' reputation with you because he had a similar name and thus you sent him the product instead? Or is it your responsibility as a business owner to make sure you send product to the right customer?

This whole vendor confusion business is crap IMO. I think that Strange Brew took their sweet time naming their brewery and then when they were finally ready, they learned that the name had been taken. Now they are using scare tactics to try and get their name back.
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Old 01-29-2013, 07:25 PM   #177
brycelarson
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Quote:
Originally Posted by mytommygundont View Post
If you are business with a bunch of customers and you send product to James Karns instead of James Kerns-Who's fault is that? Is it James' fault because he has a similar name? Did James hurt the other James' reputation with you because he had a similar name and thus you sent him the product instead? Or is it your responsibility as a business owner to make sure you send product to the right customer?

This whole vendor confusion business is crap IMO. I think that Strange Brew took their sweet time naming their brewery and then when they were finally ready, they learned that the name had been taken. Now they are using scare tactics to try and get their name back.
Your analogy only works if James chose the name after he already knew someone else had it.

To the second part - the filings with the US Trademark office proves that they had the name long ago - and the filing is what you do if you want to protect your name.

 
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Old 01-29-2013, 08:14 PM   #178
zeg
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Originally Posted by brycelarson View Post
Your analogy only works if James chose the name after he already knew someone else had it.
Generally yes, but in this case the fact that "Strange Brew" is a common term, with an obvious association that long predates either company's use, casts uncertainty on whether the trademark is defensible (morally or legally). Someone's Star Wars analogy above was apt. The LHBS is already leaning on the familiarity of the public with both a common term and its specific association with the movie, so I don't see much reason to be sympathetic when he cries foul.

It's even funnier/sadder to see the claim that the brewery was trying to take advantage of the LHBS's reputation and goodwill.

Furthermore, they assert in the C&D and the trademark application to have a claim on the name in the context of "beer." One can reasonably argue either way whether selling beer-making supplies constitutes commerce in the "beer" market. My own feeling is that, no, it's related to beer, but unless they were selling beer under the Strange Brew name, they don't have a valid claim. Furthermore, unless they were actually selling beer in the Colorado market, the fact that they sold other products there is irrelevant.

And, finally, the sad thing is that they could have handled this much more amicably from the start. Defending a trademark does not require sending a rude C&D as first contact, even if you do intend on insisting that the trademark be yielded to you (which is not strictly necessary).

 
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Old 01-29-2013, 08:48 PM   #179
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Quote:
Originally Posted by brycelarson View Post
Your analogy only works if James chose the name after he already knew someone else had it.

To the second part - the filings with the US Trademark office proves that they had the name long ago - and the filing is what you do if you want to protect your name.
You also need to defend your name in court to uphold the trademarking.
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Old 01-29-2013, 09:25 PM   #180
Cromwell
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Filing with the Trademark office doesn't prove squat. All it does is let you go to court.
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