That's awesome. :rockin:
What would you do if your local Brewery did this to you???
- Thread starter Budzu
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That's awesome. :rockin:
Good point, you know what we have to do now don't you?
Burn the house down! Burn them all!!!!!
Nah, satire is covered under the first amendment.
Let's see a pic of the wife first.
Priemus
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There is DNA in poo. Dont ask me how I know that.
Were you the phantom s***ter?
Ok, then have someone you don't like take a huge dump in front of the place.
Hannable1975
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Not entirely true. However, the home brewer would have to show that the commercial brewer did not know it was posted online and did not get the recipe from the online copy. If that could be shown, the home brewer might be entitled to some degree of remuneration.
If a brewer wanted remuneration in such a case, he or she should talk to a lawyer. There are likely other legal theories that could apply also. All things that would require talking to a lawyer. The real question here then becomes do you go to a lawyer or what do you do instead.
You could do that also... Except that is like running out and crying to Mommy.
... In a situation like this, I would be classy. I would contact the commercial brewer and say, "Guys .... you asked me to prep it, I gave you the recipe, you said it was too expensive, and then you went ahead and did it anyway. There must have been a miscommunication here somewhere. I feel like I have been wronged, is there any way we can clear this up?" If the commercial brewer is cool, they'll realize they screwed up (hell, if they're big enough it could be as simple as the right hand not knowing what the left is doing), and they'll come up with at least a decent apology.
That is, give the commercial brewer a chance to eat crow first, before you try to force feed it to them.
- M
PS: Crow is great with a mean BBQ sauce.
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Thanks for the update Budzu.
Sounds like you handled it in a classy manner in the end, and that the brewery respected your wishes.
Thanks for the update Budzu.
I agree w/maztec. It stinks that you were put in that stinky situation but as long as you're ok with the outcome, in the end, that's all that matters. On the bright side, it's kind of cool that one of your receipes have gone "Pro".
Keep up the good work.
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HB should have probably kept his recipe a secret.
OP
OP
Budzu
Well-Known Member
Haha, well I WAS ok with it...
But it turns out the beer was renamed, to "Ego-Testicle" IPA. So yeah.. I guess that's me.
Screw Moccasin Bend.
But it turns out the beer was renamed, to "Ego-Testicle" IPA. So yeah.. I guess that's me.
Screw Moccasin Bend.
the recipe thing is what it is... i dont see legal footing here, moral maybe but not legal.
the 2 barrels brought to the brewery, semantics, not a federal case IMHO.
now.. the name of the beer... thats actually a pretty cut & dry case. using the name of an existing beer, and especially including someone else's personal name, and espcially for commercial purposes (ie. making money off it) is an implied endorsement, and unless there is a written contract, cannot be done.
for instance, i cannot take my golf clubs and sell them at retail as tiger wood's killer clubs. i also cannot come out with a frying pan and call it the george foreman frying pan... this isnt about the beer or the recipe or the ingredients or the process... it is about the marketing, and that actually has some value and some weight in the legal arena.
up to you if you just want to go for the cease and desist or if you want to go for the $. (assuming they even have any)
the 2 barrels brought to the brewery, semantics, not a federal case IMHO.
now.. the name of the beer... thats actually a pretty cut & dry case. using the name of an existing beer, and especially including someone else's personal name, and espcially for commercial purposes (ie. making money off it) is an implied endorsement, and unless there is a written contract, cannot be done.
for instance, i cannot take my golf clubs and sell them at retail as tiger wood's killer clubs. i also cannot come out with a frying pan and call it the george foreman frying pan... this isnt about the beer or the recipe or the ingredients or the process... it is about the marketing, and that actually has some value and some weight in the legal arena.
up to you if you just want to go for the cease and desist or if you want to go for the $. (assuming they even have any)
Hannable1975
Well-Known Member
Haha, well I WAS ok with it...
But it turns out the beer was renamed, to "Ego-Testicle" IPA. So yeah.. I guess that's me.
Screw Moccasin Bend.
Bwahahha - "Ego-Testicle" - sorry - but that is funny...... Ha ha . Sorry.
On the bright side, you have a great story to tell for years.
ReverseApacheMaster
Well-Known Member
There's some serious misstatements of law in this thread...
I don't know TN law so I can't say for sure what specific legal standards apply there, but generally if you begin contract negotiations with a firm and they take your idea without compensation they have acted in bad faith and there may be remedies, either monetary damages or equitable relief.
However, the OP is content with the results so it should be allowed to lie...
I don't know TN law so I can't say for sure what specific legal standards apply there, but generally if you begin contract negotiations with a firm and they take your idea without compensation they have acted in bad faith and there may be remedies, either monetary damages or equitable relief.
However, the OP is content with the results so it should be allowed to lie...
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I wouldn't expect people who are not lawyers to make accurate statements of law. Hell, I wouldn't expect a lawyer to always make an accurate statement of law. And I wouldn't expect any lawyer who wants to keep his or her career to make a definitive statement of law on these forums that doesn't end, "But go speak to a lawyer, cause this isn't legal advice, just my personal opinion." And even then, be hesitant to fully go into details.
That said, most of the statements regarding the law here are accurate to one degree or another. However, they are incomplete. So, while it may be accurate that you cannot patent or copyright a recipe, that is just a small part of the picture. As you pointed out, if contract negotiations have started, if the other party acts in bad faith, there is law on point to help the wronged party. Unfortunately, that law varies greatly from state to state. Furthermore, I find it odd that people jump to the conclusion that this can only be handled through federal law -- perhaps, the most applicable law here would be state, which handles most contracts.
Nonetheless, your final statement - to let it lie as it seems the OP has reached a conclusion he is satisfied with - is good advice. And if the OP really wants to push it further, he should hire an attorney - rather than seeking half-assed under-researched legal recommendations on a forum full of people drunk off their own brew!
rico567
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Drop it. The case, as outlined in the OP, involved only talking, not even a handshake, and nothing on paper. Consider the source, and drink elsewhere.
MetallHed
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there was a homebrew competition here on saturday.
First Place winner got his/her beer brewed and released from Sand Creek Brewing Co. as a limited edition brew; all credit went to the winning home brewer. Hopefully they dont steal the HB's recipe if it turns out to be a big hit commercially.
First Place winner got his/her beer brewed and released from Sand Creek Brewing Co. as a limited edition brew; all credit went to the winning home brewer. Hopefully they dont steal the HB's recipe if it turns out to be a big hit commercially.
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