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Old 01-30-2013, 06:04 PM   #191
bovineblitz
 
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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.
What's "the easy way"? Please elaborate.

 
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Old 01-30-2013, 06:11 PM   #192
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Quote:
Originally Posted by bovineblitz View Post
What's "the easy way"? Please elaborate.
Stop being a big old meanie, and just let him use his trademark for free, of course.

 
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Old 01-30-2013, 06:40 PM   #193
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I'm just glad my name and idea for a brewing company is original. Threw it into google as brewery and brew with quotations and no hits

 
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Old 01-31-2013, 12:43 PM   #194
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Quote:
Originally Posted by terrapinj View Post
If the LHBS did in fact protect the name with anticipation of opening a brewery as well they should have a pretty easy case.
I posted this before - but yes, here are their two filings:

IC 032. US 045 046 048. G & S: Beer. FIRST USE: 19970601. FIRST USE IN COMMERCE: 19970601
IC 035. US 100 101 102. G & S: Retail stores featuring beer and wine making supplies. FIRST USE: 19970601. FIRST USE IN COMMERCE: 19970601

http://tess2.uspto.gov/bin/showfield...001:z9m5x9.2.2

in '97 they filed for both "beer" and "Retail stores featuring beer and wine making supplies."

 
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Old 01-31-2013, 03:00 PM   #195
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Can I ask what part of the "Beer" trademark have they used in the past 16 years?
Almost seems like squatting on a trademark if they havent done anything with it... IN 16 YEARS...

The "beer and wine making supplies" trademark I can see. They are a homebrew shop. But the first filing is ridiculous.
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Old 01-31-2013, 03:08 PM   #196
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Quote:
Originally Posted by JonGrafto View Post
Can I ask what part of the "Beer" trademark have they used in the past 16 years?
Almost seems like squatting on a trademark if they havent done anything with it... IN 16 YEARS...

The "beer and wine making supplies" trademark I can see. They are a homebrew shop. But the first filing is ridiculous.
You're allowed to squat on something. And you better protect it. There was that company who had the Iphone trademark and they let Apple be until it was too established to actually win a lawsuit, instead of nipping it in the bud. Even if the Iphone device was released in like the late 90s.

 
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Old 01-31-2013, 03:33 PM   #197
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Quote:
Originally Posted by hoppyhoppyhippo View Post
You're allowed to squat on something. And you better protect it. There was that company who had the Iphone trademark and they let Apple be until it was too established to actually win a lawsuit, instead of nipping it in the bud. Even if the Iphone device was released in like the late 90s.
Not really, not as per my understanding. As per wikipedia:

Quote:
Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions. In the case of a trademark registration, failure to actively use the mark in the lawful course of trade, or to enforce the registration in the event of infringement, may also expose the registration itself to become liable for an application for the removal from the register after a certain period of time on the grounds of "non-use".
I'd argue that since the homebrew shop never used the "beer" aspect of the trademark, their rights ceased about ten years ago.

As I recall, the "iPhone" company was actually using the mark, although it wasn't a product that was especially widely distributed.
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Old 01-31-2013, 03:42 PM   #198
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I'm better versed in Bird Law, but "lawful use" can sure be up for determination. Lawyers and maybe a judge will settle this in the long term, but the moral of the story is, if you have a great idea trademark it, patent it, etc. Whatever you can do to protect your intellectual property do it.

 
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Old 01-31-2013, 03:42 PM   #199
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Quote:
Originally Posted by Knecht_Rupprecht View Post
If I opened a lhbs and named Terrapin Home Brewing I imagine the brewery Terrapin wouldn't be thrilled regardless of whether I cited the Grateful Dead song. Especially if it impacted the business in any way.

Every post in this board with someone asking for advice on opening a brewery is followed by 40 replies on how it's a business, do your due diligence. Strange Brew CO didn't, a simple Google search two years ago would have prevented all of this.

The worst part of all of this is that it isn't even a good name.
A terrapin is an animal. Can't copyright or trademark an organism.

Neither the brewing company or the LHBS in this example used "Terrapin Station" in the name.
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Old 01-31-2013, 03:48 PM   #200
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Quote:
Originally Posted by thadius856 View Post
A terrapin is an animal. Can't copyright or trademark an organism.

Neither the brewing company or the LHBS in this example used "Terrapin Station" in the name.
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"

 
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