Another "Better Bottle": CamelBak BPA-free water bottles
hmmm...........
hmmm...........
I Smell a Copyright Battle
- Thread starter raceskier
- Start date
Help Support Homebrew Talk - Beer, Wine, Mead, & Cider Brewing Discussion Forum:
I see your point but that would be trademark, not copyright. I think Better Bottle.com folks have a slam dunk anyways since they've already registered it. Even if it wasn't, they could easily prove prior use.
Wonder if you could ferment in the little ones.....
They'd also have to establish that there would be brand confusion.
Anyone confused?
Anyone confused?
Yup!...and I'm going to sue! The 4.75 gallons of wort that spilled all over the place ruined my hard wood floor when it didn't all fit in that bottle....Piss Poor Product if you ask me.
:cross:
LayMeister
Well-Known Member
Actually they have a trademark on the stylized form of the two words sharing a large capital B, not the two words "Better Bottle".
Trademark Electronic Search System (TESS)
Rezilynt
Well-Known Member
I just had a vision of Big K walking the plains of Colorado wearing 6 of these bottles around his waist filled with his beloved AW around his waist.dasein668
Well-Known Member
They may not be able to even get a trademark on the actual words "Better Bottle" as it likely would be deemed descriptive and thus a weak mark.
wihophead
Well-Known Member
Taken from their footer
Better-Bottle, BetterBottle, SimpleFlo, and DryTrap are trademarks of High-Q, Inc.
Better-Bottle, BetterBottle, SimpleFlo, and DryTrap are trademarks of High-Q, Inc.
LayMeister
Well-Known Member
None of these are registered. These unregistered trademarks can be used to protect against misrepresentation, but it doesn't look like CamelBak is trying to sell a bottle for fermenting wine or beer. They don't offer the wider protection offered by those that are registered.
Paul
springer
Well-Known Member
then why is it represented as BetterBottle® on everything I thought the little r means registered trademark
LayMeister
Well-Known Member
Got me. Here is the registration that begins with the attached image:
Word Mark BETTER BOTTLE
Goods and Services IC 021. US 002 013 023 029 030 033 040 050. G & S: Bottles, sold empty. FIRST USE: 20030509. FIRST USE IN COMMERCE: 20030509
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number 76513775
Filing Date May 13, 2003
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition December 19, 2006
Registration Number 3214438
Registration Date March 6, 2007
Owner (REGISTRANT) Gibbs, Erich L. INDIVIDUAL UNITED STATES 112 Hollywood Wilmette ILLINOIS 60091
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BOTTLE" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
ScubaSteve
Well-Known Member
- Joined
- May 21, 2007
- Messages
- 3,673
- Reaction score
- 91
Truth is, most food grade plastics are going BPA free nowadays, just because of the scare. Pretty soon you'll be able to find better bottle sized bottles for cheaper....I've heard a few water companies are already offering them for about $15 or so. As a consumer, I'm just looking for the cheapest bottle that meets my criteria. Frankly, the bottle itself is what's important to me, the ported better bottles look cool, but their prices for all the extra better bottle exclusive parts are crazy expensive. I mean, just look at the dry airlocks....they cost nearly what the bottle does!
From the looks of that registration information copied above, our fermenter-making friends only have a registration for the logo in the attached image and not for the mark "BETTER BOTTLE" in any use. That means that the other mark would have to be confusing in some way other than the fact that it contains "better" and "bottle" in it.
If the drinking vessel folks are putting the "®" symbol after their mark without a registration, they are doing so improperly and misrepresenting a registration. They need to stick with "TM" after their mark unless and until they receive a registration.
TL
If the drinking vessel folks are putting the "®" symbol after their mark without a registration, they are doing so improperly and misrepresenting a registration. They need to stick with "TM" after their mark unless and until they receive a registration.
TL
