Boycott Magic Hat Brewing Company...

[pksmitty]

Tried both of those as well as Wild Blue and Seadog Blueberry... I even asked if it was the blue Four Loko... who knows what they were looking for.

How about LaBatts Blue?

 

[HickoryMike]

Or you could just boycott Magic Hat because their beer is gross. Just sayin....

 

[Homercidal]

It is pretty sad when the number 9 is trademarked. I think that they could have changed the name to use letters only, and avoid the numeral, but that chose not to do that.

I'm completely fed up with these BS trademark protection lawsuits. If the name and logo aren't VERY close, I think they need to STFU and DIAF.

 

[Pilgarlic]

I haven't read carefully enough to be sure, but I don't think any patent attorneys have weighed in. That being the case, I, for one, will ignore all the legal opinions that have been expressed. MY experience with the law is that it is what it is, regardless of what seems logical or reasonable, and to attempt to make a legal argument from common sense or reason is at least unreliable and probably utterly feckless. So, follow your gut on this one.

 

[Special Hops]

I am going to call my next beer.... "Magic Cap @9".

 

[dukerutledge]

Magic Hat is definitely planning to move into the west coast market. They just expanded their brewing capacity and purchased a brewery out west (not sure which one).

I'm not a huge fan of trademark B.S., but it seems like they aren't doing anything awry. This is nothing like the "Monster" = "Vermonster" B.S. that rockart almost got slung with.

 

[ShortSnoutBrewing]

Magic Hat is definitely planning to move into the west coast market. They just expanded their brewing capacity and purchased a brewery out west (not sure which one).

Again, that would be Pyramid Brewing.

 

[jgourd]

I don't think whether or not Magic Hat distributes in the area that Georgetown does really matters or not. It's not whether or not there's two taps at a bar and one #9 and one 9lb and a customer orders a 9lb while intending to get a #9. It's about whether or not a given customer could confuse the two somehow. Magic Hat does not need to distribute in a given area for the confusion to occur.

Rough example - person from the east coast takes a vacation to the west coast and sees a handle with a big "9" on it. He thinks "Oh they serve magic hat here, I like that and am going to get it" he orders the nine and gets a 9lb instead of a #9. Georgetown basically profited off of Magic Hat's trademark in this case because the trade marks are too similar for the products and caused confusion over the brands. Not to mention Magic Hat could conceivably start doing business in the area that Georgetown does business.

Trade marks are a federal issue so a trade mark violation certainly can occur in a given area even if the organization in question does not do business in that area.

I'm as against the big guy using their power to beat up on the little guy as the next person. That said, that doesn't mean that the big guy is always wrong. I loathe companies using vagaries of trade mark law to beat up and intimidate smaller companies especially if those violations are baseless (I try very hard not to do business with Monster Cable because of this), but I just don't think that it's the case here.

We're becoming more and more a society that's willing to throw personal responsibility out the window. If I were to see a beer with a 9 on it, I'd read a bit closer to make sure it's the one I'm thinking it is. Why is it always someone else's responsibility to make sure we don't screw up? I figure if you order the wrong beer because you didn't read the $#@^&! label correctly, you deserve it. It's sort of like the idiots that think it's the alcohol that caused the accident or the gun that caused the death or the pencil that caused the bad grade--as opposed to the person wielding or consuming the object. Mistakes happen. Live with the consequences. Then make sure you don't make the same mistake again. Simple.

 

[Airborneguy]

Boycott Magic Hat? Been doing that for over 3 years. I hate their beer!

 

[bad coffee]

Could be just me, but #9 and 9# are two completely different things.

I'm dyslexic. they're both the same to me.

I'm okay with Magic Shat covering their arse. It's their trademark. Georgetown could just change their beer to "Nine LB Porter" Done, just a label and trademark change.

I would absolutely love for some to hand me a "#9" and it be a nice porter.

B

 

[motobrewer]

I would absolutely love for some to hand me a "#9" and it be a nice porter.

B

you can do that easily, just make sure it reads Baltika and not Magic Hat.

 

[HenryHill]

Imagine how George Harrison felt when he got sued and lost for My Sweet Lord ALLEGEDLY sounding like he copied He's So Fine.

And didn't it say that BOTH have trademark protection ANYWAY?

Boycott Magic Hat cause they suck, not because the owner is paranoid and greedy.

 

[Edcculus]

As there are more and more small breweries across the US, I'm sure these name battles are going to crop up a good bit. Doesn't seem like its a huge deal to the brewery renaming their beer. Probably wouldn't have been such a big deal if #9 wasn't Magic Hat's flagship beer.

 

[rabidgerbil]

I'm dyslexic. they're both the same to me.

I'm okay with Magic Shat covering their arse. It's their trademark. Georgetown could just change their beer to "Nine LB Porter" Done, just a label and trademark change.

I would absolutely love for some to hand me a "#9" and it be a nice porter.

B

The owner of Magic Hat was only going to allow Georgetown to do that, change the name to Nine Lb Porter, IF he had legal rights to the name and then licensed it back to them for free.

 

[passedpawn]

I would absolutely love for some to hand me a "#9" and it be a nice porter.

Me too. Not a fan of #9.

 

[jmeister]

nm, posted elsewhere

 

[hatedheretic]

Probably wouldn't have been such a big deal if #9 wasn't Magic Hat's flagship beer.

it's ridiculous regardless, it's not a clever name and it's not the name of the brewery, it's for an f'n beer. it's like the pencil company going after anyone that uses #2....:boom-tish:

 

[Pkrd]

Here in New Zealand DB have exclusive rights to "Radler". So you can't even call your beer style Radler!

http://www.stuff.co.nz/business/industries/5284136/DB-wins-its-battle-over-Radler-beer

Damn, I miss their dopplebock!