Legal issues: Freetail Brewing Co.

[SittingDuck]

he clearly states that he agrees to the terms of the C&D, period. As long as he follows through on that, they have absolutely zero legal recourse.

Not true. They would lose standing to seek an injunction to stop use of the name, since there was no use, but the Lanham Act also allows for a claim of damages, one measure of which can be the profits earned by Freetail on Hoposaurus Rex.

Now, as a practical matter, unless those profits are extremely high, I advise my clients not to sue once the mark is no longer being infringed because of the high costs of litigation. But get somebody oissed enough and they can sue you.

And FYI, I am way less than $500 per hour, but that is not unheard of.

 

[mcarb]

I guess by heavy handed I meant "serious" It's obvious the guy is not taking this whole thing serious. To me, this is like you or I getting a letter from someone saying not to use our brewery's name. Say that the kind folks over at River City Brewing Co (Sacramento Ca) sent you a C&D letter. Oh sure, you'd agree and stop using the name. But you'd also be a bit blown away at the ruckus considering you are merely a small time homebrewer. I get that this guy has the same impression.

Now while the letter is funny and all, it is almost exact copy of this guy's work: "It's like twitter. Except we charge people to use it.".

"heavy handed tactics"... really? If you think that a C&D letter is a heavy handed tactic then I heavily urge you never to own/run a business because you are very likely to be overwhelmed. I am a software developer and my company receives probably a dozen or more of these a year and send out more than 3x the amount we receive, mostly due to licensing and IP issues associated with software development. Its simply the cost of doing business. I'm also with Airborne as I'm not sure why people are reading so much into this... the C&D is par for the course, the response however was not.

 

[RiverCityBrewer]

Say that the kind folks over at River City Brewing Co (Sacramento Ca) sent you a C&D letter. Oh sure, you'd agree and stop using the name. But you'd also be a bit blown away at the ruckus considering you are merely a small time homebrewer.

Maybe I have already! I don't check my mail that often!

 

[Airborneguy]

But see that's what's so great about it. Imagine if the guy would have responded as expected "Dear Sir, we apologize for any misunderstanding.......".

So great about it to you, but not to me and I'm sure I'm not the only one.

 

[mcarb]

So great about it to you, but not to me and I'm sure I'm not the only one.

Ok, I guess you don't see the humor in it.

Did you hear the one, oh never mind.

 

[Reelale]

the C&D is par for the course, the response however was not.

That's the funny part. Geez.

So great about it to you, but not to me and I'm sure I'm not the only one.

No, you pretty much are the only one.

 

[pm5k00]

Freetail makes beer too!

 

[BrewKnurd]

So great about it to you, but not to me and I'm sure I'm not the only one.

You're probably not. I personally did find it funny, but I can understand why someone wouldn't. And I cannot for the life of me understand people that think just because they think something is funny, that anyone who doesn't agree "doesn't have a sense of humor."

All that said, its kind of a ridiculous response to something as basic as a cease and desist letter, which, as has been stated elsewhere in this thread, is really not a big deal in the legal world.

 

[SittingDuck]

Yeah, I did find it funny, and it sure would have livened up my day in comparison to the other responses I get. But I also wouldn't be surprised if a smart-@ss answer ticked off my client, as Airborne said.

And like it or not, C&Ds are part of doing business. It's really not the biggest d!ck move on the world.

 

[Phunhog]

I think we should all start calling ourselves "Steelhead Brewing" and see how many C&D letters we could get. Or better yet....Russian Stone Pumpkin Brewing Co.

 

[stamandster]

Closer than close - infact right on the money.
Brewer Sued By Monster Energy Drink Asks America For Help - The Consumerist

Doh! that's hilarious...

 

[Jukas]

Yeah, I did find it funny, and it sure would have livened up my day in comparison to the other responses I get. But I also wouldn't be surprised if a smart-@ss answer ticked off my client, as Airborne said.

And like it or not, C&Ds are part of doing business. It's really not the biggest d!ck move on the world.

True C&D are a part of doing business (I'm in the software industry) and not the biggest d!ck move.. The nice thing would have been the Brewer ringing Freetail and talking to their brewer having a conversation with them and giving them a heads up that a C&D was sent soley to protect their TM.

I think the reality is that most of America is so tired of the corporate bullying, where a megaconglomorate can simply make the cost of litigation so world endingly prohibitive that the little guy gives in even if they are in the right. That's in my mind the reason that myself and so many others find responses like Freetail's to a C&D hilarious.

I thought he was funny with just enough satire to poke fun at the cororate legal machine.

 

[BrewKnurd]

I think the reality is that most of America is so tired of the corporate bullying, where a megaconglomorate can simply make the cost of litigation so world endingly prohibitive that the little guy gives in even if they are in the right.

Yeah, this is the real problem, IMO. Trademark issue should be settled based on who is right, not who has the money.

 

[Homercidal]

How is this anything but funny? Nobody gets hurt, nobody loses. Ok, maybe one guy gets his feeling hurt a tiny bit.



I hope.

 

[BrewKnurd]

How is this anything but funny? Nobody gets hurt, nobody loses. Ok, maybe one guy gets his feeling hurt a tiny bit.

I can tell a story about when I let my dogs outside this morning. Nobody gets hurt, nobody loses, and its still not funny.

Like I said earlier, I did find the letter funny, but I always think its interesting when people have a hard time understanding that other people might not be amused by the same things they are, and that that does NOT necessarily imply a lack of sense of humor.

 

[g-love]

I can tell a story about when I let my dogs outside this morning. Nobody gets hurt, nobody loses, and its still not funny.

Like I said earlier, I did find the letter funny, but I always think its interesting when people have a hard time understanding that other people might not be amused by the same things they are, and that that does NOT necessarily imply a lack of sense of humor.

I personally feel that everyone else should like and dislike the same things that I do. Just sayin.... :-D

 

[SPLASTiK]

Freetail just made a blog posting reflecting on the situation.

 

[Teromous]

Freetail just made a blog posting reflecting on the situation.

Wow...getting a C&D letter from a brewery that doesn't make beer?

What a world we live in...

 

[mcaple1]

Epic Win

 

[Qhrumphf]

I guess by heavy handed I meant "serious" It's obvious the guy is not taking this whole thing serious. To me, this is like you or I getting a letter from someone saying not to use our brewery's name. Say that the kind folks over at River City Brewing Co (Sacramento Ca) sent you a C&D letter. Oh sure, you'd agree and stop using the name. But you'd also be a bit blown away at the ruckus considering you are merely a small time homebrewer. I get that this guy has the same impression.

It's happened before. Granted, this wasn't a formal C&D, but still...

https://www.homebrewtalk.com/f14/interesting-pm-255642/

 

[HankyPanky]

I want to visit now.

 

[rico567]

As homebrewers, we identify with the craft / micro beer industry, for understandable reasons. However, they are a business, we are not, and that's a big difference. And the topic of the OP is part of that difference. Our livelihood is not bound up in brewing; theirs is, and that is a very real difference.

 

[maztec]

As an IP lawyer, I just find this hilarious. I also agree that far too many lawyers charge too much for stupid stuff like this. There are better ways to do it that are cheaper for everyone. yay.

And this reminds me of halcyon days when two breweries made the "Collaboration Not Litigation" Ale. Yum.