Trademark Disputes

[Jb123]

Surprised this hasn't been posted in here yet.....

http://www.freep.com/story/money/bu...s-brewery-beer-trademark-innovation/24732355/

Bells thinks they can strong arm a small 500 barrel per year brewery in NC called Innovation Brewing. Bells uses the word Innovation on one of their bumper stickers. Homies.

When I read that all I could do was shake my head. Stupid.

 

[sidetracked]

Bells responded and makes it seem like Innovation is spinning the issue:

 

[arren]

Christ, why are so many people in beer ********?

 

[lazerviking]

Christ, why are so many people in beer ********?

Probably has to do with the fact that so many people in general are ********.

 

[RedCoffee]

Bells responded and makes it seem like Innovation is spinning the issue:

More specifically, they have no right to tell another brewery that they can't trademark their own ******* name because they put innovation on a bumper sticker once and their brand is about innovation.

 

[user 305963]

Consider the flipside....What if Innovative Brewing was awarded the trademark, and then turns around and claims trademark infringement by Bell's because they have the word "Innovative" on some of their marketing material, and they claim it could cause confusion.

I'm actually kind of torn on this one.

 

[RedCoffee]

That's the same reasoning trotted out for all of these cases. If that kind of fear is legitimate, then everyone in the brewing industry should be applying for a trademark on every word, font, and word-font combination they use on every piece of material they produce.

 

[user 305963]

And Innovation's rebuttal. It's an all-out FB battle royale....

 

[Lizard King]

I don't like either one of them anymore.

 

[Jb123]

I don't like either one of them anymore.

I love bells beer. But innovation has me liking them. It's a tiny ******* brewery that used a word that happens to be on a sticker and swag bells has....big whoop

 

[user 305963]

Here's one that ended with a handshake and a beer, the way it should be...
http://www.mlive.com/business/west-.../black_white_flame_3_floyds.html#incart_river

 

[Jb123]

Here's one that ended with a handshake and a beer, the way it should be...
http://www.mlive.com/business/west-.../black_white_flame_3_floyds.html#incart_river

Exactly.

 

[regularjohn]

bells needs to chill with that, their main area of focus should be getting fresh cans of two hearted out to me asap

 

[Treebs]

Here's one that ended with a handshake and a beer, the way it should be...
http://www.mlive.com/business/west-.../black_white_flame_3_floyds.html#incart_river

My favorite part of the article: "Calls to Three Floyds management were not immediately returned."

Because of course they weren't.

 

[JulianB1]

This is a pretty good article:

It’s time for craft beer brewers to stop acting like children

By trying this matter in the court of public opinion instead of, you know, the federal trademark office, both breweries succeeded only in airing some procedural dirty laundry that in no way helps beer drinkers or buyers. By opening those screeds with pap like “To Our Wonderful Craft Beer Community” and “To Bell’s customers and the passionate craft beer community,” each tried to play to what they clearly believe is craft beer fans’ inflated sense of justice and moral clarity. Never mind that the customers of each brewery are members of that same community, or that this whole thing could have been resolved behind closed doors if Bell’s just kept its mouth shut and Innovation had the good sense to, you know, bring a lawyer to the U.S. Patent and Trademark Office to defend its trademark application.

Craft beer picks the worst times to forget it’s a business. This whole incident could have been a lesson to other breweries about how to prepare for a trademark proceeding and how to properly research a brand name before both applying and attempting to trademark it. Instead, we get some heated, but half-baked, rhetoric from both sides and a “boycott” — one of many that beer fans regularly engage in when a decision isn’t made as they see fit — that didn’t make it to the tipoff of the first March Madness games.

...

It’s craft beer brewers in general who need to learn to zip it, follow procedure and handle their breweries like the businesses they are. The court of public opinion is powerful, but there are a whole lot of matters that are better off settled out of that courtroom: Which is home to a hanging judge with a bad ear.

This also should apply to airing personal grievances out over public channels such as social media (see for instance the recent exchange on Twitter between Toppling Goliath and their former brewer).

 

[JulianB1]

One of the dumbest-sounding ones yet:

http://www.law360.com/articles/634671/sierra-nevada-facing-another-ipa-trademark-dispute

Law360, New York (March 23, 2015, 3:34 PM ET) -- Sierra Nevada Brewing Co. quickly escaped a lawsuit from a craft brew rival earlier this year over the use of "IPA" on labels for India pale ale beer, but now it’s facing a new dispute from an Oregon brewery over the acronym.

The owners of the Oregon-based Fort George Brewery lodged a notice of opposition Saturday with the Trademark Trial and Appeal Board, seeking to block Sierra Nevada from registering “Four-Way IPA” — a line of four-bottle variety packs it sells.

This is because Fort George has a beer called "Three-Way IPA", although it might officially be "3-Way IPA", I don't remember.

 

[drgarage1]

One of the dumbest-sounding ones yet:

http://www.law360.com/articles/634671/sierra-nevada-facing-another-ipa-trademark-dispute



This is because Fort George has a beer called "Three-Way IPA", although it might officially be "3-Way IPA", I don't remember.

Still not as dumb as the Bell's Innovation thing.

 

[arren]

This is a pretty good article:

It’s time for craft beer brewers to stop acting like children



This also should apply to airing personal grievances out over public channels such as social media (see for instance the recent exchange on Twitter between Toppling Goliath and their former brewer).

This will never happen due to the fact that breweries largely operate unlike any corporate, professional entity around. Even something like game development is starchy and buttoned up compared to the "chillbrah, we all good" mentality of breweries.

That said, there are some incredibly professional brewers I've met before, but that's not because they're overly professional - they're just good people that know how to socialize.

 

[Lutter]

I found this interesting at the store today. Special packaging (bottles too) for the Austin market (I'm guessing) with no mention of the "Slow Ride" name.

 

[JulianB1]

On the flip side of things, from Wicked Weed today:

So, today we wish a fond farewell to the East Side or Die name. Since the first batch of this IPA hit the pub taps we knew it would become our flagship IPA and, therefore, needed a name that reflected the same strength and identity as our other core beers.

With that in mind, say hello to Pernicious IPA! Same beer, new name. Coincidentally, it is on tap today!

We reached out to our friends at Blue Blood Brewing Company in Nebraska who also had a beer named "Pernicious" They very generously and graciously allowed us use of the name.

According to their President, Brian Podwinski, "It's extremely important to keep an open mind about trademark issues as it relates to fellow breweries and fellow brewers. If no one is stepping on each other, it's just a great way to earn what I believe is a real thing: Brewing Karma." In this current world of trademark craziness, it's amazing to see true craft spirit lived out by our brothers in brewing.

 

[lazerviking]

On the flip side of things, from Wicked Weed today:

You bet your ass that if there is ever a moment when either of them enters the other's market this play nice attitude won't last. People need to stop getting so bent out of shape about breweries (businesses!!!!!) doing what they think they need to do to defend their marks. This happens in every other industry, so why should brewing be different?

 

[JulianB1]

You bet your ass that if there is ever a moment when either of them enters the other's market this play nice attitude won't last. People need to stop getting so bent out of shape about breweries (businesses!!!!!) doing what they think they need to do to defend their marks. This happens in every other industry, so why should brewing be different?

Oh I agree, which is why I don't ever get involved in any of these dumb boycotts and whatnot.

 

[SeaWatchman]

This is gonna be goooooooood.

http://www.westword.com/restaurants...inity-brewing-in-sour-trademark-fight-6883194

 

[FishPondManager]

This is gonna be goooooooood.

http://www.westword.com/restaurants...inity-brewing-in-sour-trademark-fight-6883194

I don't know if Yeaster could handle losing that battle. I hope he does just to see the tantrum. He may take his ball and move to Amsterdam.

 

[Sage1]

I don't know if Yeaster could handle losing that battle. I hope he does just to see the tantrum. He may take his ball and move to Amsterdam.

Meanwhile, earlier today…

 

[lopejuice1]

trademarking adjectives now? this has pissing contest written all over it.

 

[FishPondManager]

Meanwhile, earlier today…

Hahahahaha. He is literally the worst.

Obligatory Trady

 

[SeaWatchman]

I don't know if Yeaster could handle losing that battle. I hope he does just to see the tantrum. He may take his ball and move to Amsterdam.

There's no way Saison Nan can keep from melting down publicly over this. It will be glorious.

 

[sacrelicio]

bells needs to chill with that, their main area of focus should be getting fresh cans of two hearted out to me asap

Where do you live? Swapskis?

 

[sacrelicio]

You bet your ass that if there is ever a moment when either of them enters the other's market this play nice attitude won't last. People need to stop getting so bent out of shape about breweries (businesses!!!!!) doing what they think they need to do to defend their marks. This happens in every other industry, so why should brewing be different?

If it's legit, like the name is the same or the logo/packaging is the same, but not if it's some frivolous ********. Either way I just drink alcohol by so I don't really care