Bell’s Brewery sends cease and desist letter to Northern Brewer

[TTB-J]

I'm a lawyer and I have not the foggiest idea of how intellectual property laws work, but here's how you do exactly what you guys are talking about while not being a tool:

1) Call NB and ask them to change the name.
2) Follow up with an email to whoever you talked to confirming that they will change the name.

 

[Scutrbrau]

Does anyone else see the irony in Bell's lifting the Two Hearted name from one of Hemingway's works? Too bad he's not alive and able to send a C&D letter to Larry Bell.

 

[EPS]

Go northern brewers we all respect you guys. Doing your best too make fresh great kits !!!!!!!!!!!!!!!!!
:rockin:

 

[robtotten]

Oh, ****! That's the funniest thing I've seen in a while.

Crap.... I just got a C&D letter from Bell's too....

Also from Family Guy.

 

[passedpawn]

Does anyone else see the irony in Bell's lifting the Two Hearted name from one of Hemingway's works? Too bad he's not alive and able to send a C&D letter to Larry Bell.

Yes. Good call.

 

[DFP51]

I am another pain in the ass lawyer. While I don't do it every day, I do do some copyright and trademark work. As others have said, consistent defense of a mark is required to keep the mark robust going forward. In other words, some buddy could be selling t shirts that the company thinks are infringing, etc. It doesn't have to be beer.

As far as Austin, I would hazard a guess that the reason they do not get more cease and desist letters is because they are not trying to pass something off. It is pretty clear on their site that the kit is a clone of a recognized mark, not something that can be confused for the mark.

 

[HarkinBanks]

10 years, 10 YEARS, count em, 10!

"partial extract" that made me laugh. Guess Bell's lawyer didn't proofread that one.

I just lost some serious respect for Bell's. There was clearly a way to go about this that didn't make them look stupid, maybe pick up a phone? Seriously, did they really think NB was going to claim a right to the three hearted ale name? Or consumers were going to be so confused in the marketplace that they would think a homebrew kit with a similar name is the same thing as a commercialy produced beer? This smells like Bell's just hired a new law firm and they went out searching and sending letters to anyone and everyone. Bell's looks dumb in my book.

 

[beergolf]

Does anyone else see the irony in Bell's lifting the Two Hearted name from one of Hemingway's works? Too bad he's not alive and able to send a C&D letter to Larry Bell.

FYI.. Two Hearted is the name of a river in Michigan. Hemingway not own it.

 

[passedpawn]

FYI.. Two Hearted is the name of a river in Michigan. Hemingway not own it.

You're right, but the story is about a ex-soldier trout fishing (on fly) and there is a trout on the bottle. Comes right out of the story. But yeah you're right.

 

[jbrookeiv]

I just lost some serious respect for Bell's. There was clearly a way to go about this that didn't make them look stupid, maybe pick up a phone? Seriously, did they really think NB was going to claim a right to the three hearted ale name? Or consumers were going to be so confused in the marketplace that they would think a homebrew kit with a similar name is the same thing as a commercialy produced beer? This smells like Bell's just hired a new law firm and they went out searching and sending letters to anyone and everyone. Bell's looks dumb in my book.

Did you read any other part of this thread?! Bell's has to defend their trademark to keep it, and the easiest way to do that is a C&D letter. It really has nothing to do with confusion or NB stealing the name, Bell's has to do this according to the US legal system to keep their trademark valid.

 

[Calix_Meus_Inebrians]

I am a fan of Northern Brewer but aren't they just as much to blame for breaking the news via Facebook? While some prior notice to the C&D would have been preferable I don't see it as grounds to post:

"So ... we just received a letter from an attorney representing one of our favorite craft breweries; this letter informed us that we need to change the name of our Three Hearted Ale kit in a hurry. We'd love to hear your suggestions!"

This just kinda comes across to me as childish and unprofessional; the manner in which they initially reacted to the C&D is just as bad as sending said cease and desist without any heads up.

 

[Homercidal]

You're right, but the story is about a ex-soldier trout fishing (on fly) and there is a trout on the bottle. Comes right out of the story. But yeah you're right.

Maybe, but to be really fair, the river is sort of famous for trout fishing as are more than a few rivers in the Northern Lower Peninnsula and Upper Peninnsula. It's not like Hemmingway INVENTED trout fishing on the Two Hearted River.

Add the fact that fish have 2 heart chambers and it's no big stretch to think that a fish on the bottle would be more than appropriate.

I suppose they could have called it any one of the fly fishing rivers in the state, but putting a fish on the label and calling it two hearted takes into account all of them at once.

 

[Cold Country Brewery]

Okay, I'm an insurance agent...wait that doesn't have the same ring as "I'm a lawyer"...never mind the lawyers on this thread win.

 

[ArcaneXor]

I am a fan of Northern Brewer but aren't they just as much to blame for breaking the news via Facebook? While some prior notice to the C&D would have been preferable I don't see it as grounds to post: This just kinda comes across to me as childish and unprofessional; the manner in which they initially reacted to the C&D is just as bad as sending said cease and desist without any heads up.

I don't see the problem; they just reported the facts and informed the community that the name will be changing, and asked for suggestions. Were they supposed to change the name "secretly" without letting anyone know? I am sure that would have generated a lot more questions.

 

[Homercidal]

+1 I think a lot of people here and there are over-reacting to a very clear cut case of someone protecting their name. They weren't dicks about it. Sure they *could* have called and talked to the owner there are NB, but a C&D is not necessarily a heavy handed threat either. It's an official notification.

I'm not going to argue about whether or not Larry Bell has ever done douchey things. I just thing more people are getting a rise out of a very simple thing that the participants are making a big deal out of.

 

[smmcdermott]

But have you actually read NB's comments on their FB page? They're being pretty gratious about it.

And the most recent one...

That is awesome. Ina world with no class, NB shows they have some. This makes me like them even more

 

[Beerrific]

What would be awesome is if Bell's let them change the name to "Two Hearted," add their logo along with the "TM" and sell it with their other pro series beers. Maybe jack the price up to donate to "save lake michigan" or something.

 

[PanzerBanana]

Bells is well within their right to do this. This is more copyright infringement. There could be a three hearted ale. However NB makes clone kits which is the issue. All of these clone kits are treading on thin ice anyhow. Its the spirit of community in craft brewing that hasn't had brewers litigating against clone brews using their names. And some of you boo a brewer that has every right to speak up when a clone comes too close to the line?

 

[Calix_Meus_Inebrians]

I don't see the problem; they just reported the facts and informed the community that the name will be changing, and asked for suggestions. Were they supposed to change the name "secretly" without letting anyone know? I am sure that would have generated a lot more questions.

I definitely agree with you, I was simply trying to say how they initially handled the issue was just as bad as what happened to them. After that they handled things extremely well but the masses had already grabbed their mash paddles and were heading to war. There are lots of ways to break news and I feel like facebook isn't a good way, I also felt that the tone of the post was "We are getting bullied into this so help us pick a new name!"

 

[pwndabear]

they should change the name to 2 Livered Ale

 

[RichmonS]

I do not think Bell's was even initially handled the issue badly. They sent a letter informing them of the trademark infringement and asked to change the name. If you read the post on Bell's website the president of the company says that they are involved currently with other trademark issues which brought the kit to light.

I am not a lawyer but work with intellectual property. I could see a scenario where during discussions with another brewer or company they used the NB kit as proof that they do not protect their trademarks.

 

[SilentAutumn]

No biggy, just a standard practice, the fact they send the letter doesn't mean they will act on it.
Years ago Bell's Oberon was called "SunSole", but they were sued by Molson because the name was too similar... SunSole-Molson. Oh well.

I'm a nitpicker. It used to be called Solsun. And it had nothing to do with Molson. See here

Death of Solsun, birth of Oberon
In the mid-1990s all the sororities at Western Michigan University for fall rush used the logo of Bell's Solsun beer on their T-shirts - around 600 of them, according to Bell's Brewing Co. owner Larry Bell.

Bell wanted to protect his logo so he filed for copyright protection. The Mexican brewing company Cerveceria Cuauhtemoc Moctezuma, which was started in 1890, found out about the Bell's brand and sued over naming rights because it had a product called El Sol (The Sun). The Mexican company let Bell keep the logo, but the name of Solsun had to be changed.

In 1996, Bell selected the name Oberon, referencing the Fairy King in Shakespeare's play "A Midsummer Night's Dream." He said it was a fun name and also had six letters, like Solsun.

In addition, Bell played the part of Oberon in sixth grade. In the play, Oberon gives his wife a potion that causes her to fall in love.

Yes, because sororities (which love your product) will be the downfall of your label. Whatever. Business is business. I could never run a brewery.... I'd drink my profits.

 

[-TH-]

In 1996, Bell selected the name Oberon, referencing the Fairy King in Shakespeare's play "A Midsummer Night's Dream." He said it was a fun name and also had six letters, like Solsun.

In addition, Bell played the part of Oberon in sixth grade. In the play, Oberon gives his wife a potion that causes her to fall in love.

I wonder if Mr. Bell will be hearing from Shakespeare's lawyers soon.

 

[Dr_Gordon_Freeman]

Change it to Heartless ale

LOL...

I've been curious but never tried any of Bell's brews before. Too bad I never will now!

Cheers to northernbrewer!

 

[Homercidal]

LOL...

I've been curious but never tried any of Bell's brews before. Too bad I never will now!

Cheers to northernbrewer!

Your loss, Dr. Freeman.

 

[ArcaneXor]

Too bad I never will now!

Cheers to northernbrewer!

Are you saying they might... leave a bitter taste in your mouth?

 

[Revvy]

LOL...

I've been curious but never tried any of Bell's brews before. Too bad I never will now!

Cheers to northernbrewer!

This is exactly that naive evil empire crap I was talking about...So now Bell's because it's doing something that many would consider a reasonable business practice, they're now just as bad as the big bad BMC'ers? So craft brewers are supposed to be all egalitarian and not care about profits, or protecting their trademarks?

Funny you, "cheers" Northern Brewer, but why aren't you listenning to what they said???

Hey everybody - just so it's said, we do not any any way support a boycott of Bell's products. One more time: we love Bell's and their beers. We respect their trademark, and they're not asking us to do anything but change the name of one of our kits - like we said before, we will happily comply, and a new name is forthcoming. Now, I for one am going to RNWHAHS (relax, not worry, have a HopSlam).

Well enjoy your boycot, while the folks at NB, and the rest of us will enjoy some damn fine beer.

 

[-TH-]

i thought "slippery bastard" was a good name due to the label

Sorry, too close to "Dirty Bastard" and "Arrogant Bastard"

 

[SpanishCastleAle]

With the huge amount of choice we have these days I don't think Dr Freeman will be missing out on much (especially being a homebrewer). That's the risk companies take when they do this.

I don't like the whole cease and desist thing but I don't really blame Bell's too much although it's obvious Northern Brewer was no threat to Bell's and their business (if anything it HELPS their business). IMO it's more about our retarded legal system and the fact that by not sending C&Ds to companies that are, in reality, no threat to your trademark you somehow have forfieted your right to protect that trademark. It should be enough to say; "We didn't see those guys as a threat so we didn't pursue it...but these other guys we do percieve as a threat so we are taking action with them." It shouldn't have anything to do with anybody else's perception of who is a threat, only the owner of the trademark's perception.

 

[terrapinj]

If Bell's wanted to be dicks about it they could have filed a suit immediately instead of sending a cease and desist letter and tied NB up in court and legal fees.

Bell's wasn't the one that publicized the issue either - it was NB.

If you support NB you should recognize their admission that they are in the wrong and respect their request to continue to support Bell's