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Strange Brewing Company faces a trademark threat from a Massachusetts homebrew shop

Discussion in 'Beer News' started by Chin17, Nov 9, 2012.

  1. Ricelikesbeer

    Ricelikesbeer Savant (370) Colorado Nov 29, 2006

    Yes, but the point that I was trying to bring up by referencing the Salvation beers was that the two breweries came together when they had an issue, which clearly isnt' going to happen here. I don't think that Strange offered that great of an offer to the homebrew shop, but at least they have been willing so far to open the door and talk it out, rather than duke it out with lawyers at the podium.
     
  2. Nobody misunderstood your point. Good for them for handling a completely different situation differently.
     
    JrGtr likes this.
  3. Ricelikesbeer

    Ricelikesbeer Savant (370) Colorado Nov 29, 2006

    I agree.... If the homebrew shop ever manages to get into the brewing scene, (doubt it) I really don't expect to see them collaberating with other breweries or businesses. That seems to be a big trend in brewing right now, which they have completely missed already.
     
  4. A trademark dispute, involving the same claims (likelihood of confusion, prior use, prior registered marks) in the same jurisdiction/country, in the craft beer industry. . .

    Is fundamentally different from another trademark dispute, involving the same claims (likelihood of confusion, prior use, prior registered marks) in the craft beer industry, in the same jurisdiction/country . . . ?

    Perhaps we disagree as to what "fundamentally different" means. . .
     
  5. Danielbt

    Danielbt Savant (380) Texas May 4, 2012

    The difference would be that one is an actual trademark violation. Did Avery and Russian River did trademark the names of their products? I doubt it. You could have a naming dispute there, but it would not be clear-cut and would depend on prior usage alone.
     
  6. Ricelikesbeer

    Ricelikesbeer Savant (370) Colorado Nov 29, 2006

    Yes, good point.

    But, back to a point I keep trying to make- I still don't think most breweries (and now homebrew shops) would really care that much. Look up "Red Rocket" for example there are 2 exact matches for beer names, and plenty of other variations.

    If Strangebrew thinks that they were somehow original or clever here, they are so off... -
     
  7. emannths

    emannths Savant (425) Massachusetts Sep 21, 2007

    Funny you should mention Red Rocket, which was the subject of a protracted legal battle that eventually saw Red Racer changed to Red Betty.
     
  8. JrGtr

    JrGtr Savant (390) Massachusetts Apr 13, 2006

    It's still a different situation. The name of a company is very different than the name of a product. If it was just a product, it's not usually as night a deal - see Salvation / Collaboration. It also can be a big deal, are Red Rocket. You think the lawyers letters there were much different than this? Original or not- and the phrase was a Grateful Dead thing long before it was a Rick Moranis movie - it was still trademarked 16 years ago for the MA company.
     
  9. Ricelikesbeer

    Ricelikesbeer Savant (370) Colorado Nov 29, 2006

    Yes a company's name is also different than a mere beer in a company's lineup, but the point I am making about the craft beer community is that they aren't as cutthroat as many other industries. In fact, I think the collaberative and collective innovation a big player in why craft beer is becoming more popular. It's certainly not because of legal battles weeding out who can have naming rights.

    The thing I still don't understand is how the homebrew shop thinks the brewery is impeding on it's income or territory... Sheer stupidity.
     
  10. joshclauss

    joshclauss Savant (315) Colorado Oct 31, 2010

    Hey-oh! I'm in Colorado, and check out what just popped up on my Facebook feed...

    [​IMG]

    I'm going to go out on a limb and say that's not a coincidence. Especially since I happen to work in the industry and know exactly how easy it is on Facebook ads to target your area and to leave out, say, Colorado.

    Your move, Strange Brewing Co.
     
  11. JrGtr

    JrGtr Savant (390) Massachusetts Apr 13, 2006

    I've gotten ads for Strange Brewing (the Colorado one) and I'm from Mass and a customer of Strange Brew. I just ignored it.
     

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