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West Sixth Alters Logo as Lawsuit with Magic Hat is Settled

Discussion in 'Beer News' started by BorisKarloff, Jun 6, 2013.

  1. Colossal dickheadery? By West Sixth? Did you even read the actual letters? West Sixth initially agreed to a lot more changes than just amending the star, but that didn't satisfy MH. MH wanted them to never use the number six alone in their marketing and West Sixth rightly determined that this was unacceptable. MH then sued after waiting three months. Again, I repeat, West Sixth agreed to many more changes than they ended up having to change in the end. They won. And with good reason. MH overstepped their position and got called out publically for it. They could have accepted West Sixths agreement to change their label, but they tried to bully them into changing things they shouldn't have had to change. And they lost. And they lost a lot of respect in the process, too.
  2. Oh, and West Sixth makes a damn fine beer. Not that it matters to this discussion at all. But, several People insinuated that this wasn't the case earlier. Their IPA is delicious and their Snakes InA Barrel is also really, really good. The rest of their lineup is pretty average. They also built their brewery in an impoverished part of town and are helping to rehab the area. They host community gatherings nearly everyday of the week and are extremely socially conscious. In fact, they donate a substantial percentage of their weekly profits to local charities and organizations. They are a great brewery that is one year old. I'm glad they stuck up for themself and I hope they can continue to improve. Cheers to them.
  3. Sounds like someone is rooting for the home team without any objectivity. There's no question that the label is infringing and the star is the main point of that infringement -- basically, if it ever got to court, the first question would have been how WS came up with the star in the middle of the number that just happens to be nearly identical to the MH star in the middle of the 9. Having a similar font and size of the number does not help. There's very little reasonable about that label. And they did not "win". The result is an agreement, a settlement, so the suit is effectively erased. MH did not "overstep their position". This is an emotional but ignorant interpretation of events. Whether they could have achieved the desired outcome with less acrimony is a separate question, but you can't fault MH for aggressively defending their trademark -- that's what they are supposed to do. We are not talking about Apple going after everyone who has an "i" in the name or Microsoft's usual douchebaggery. This was a legitimate, if unfortunate, challenge and the outcome is far more favorable to WS than it often is in trademark litigation.
    jamesewelch and Beerandraiderfan like this.
  4. Budinetz

    Budinetz Savant (405) Pennsylvania Dec 29, 2010

    Talk about flexing your beer muscles....

    Edit: If you really can't figure out the difference between these two breweries from the logo on the bottle/can...something is wrong...
  5. It's not a question of ability -- it's a question of legal interpretation. And I have little doubt that MH would have prevailed at trial, had it come to that. I am not saying that I would have wanted them to go to trial and win. I'm simply being realistic. The Belleville case is quite different and not because AB InBev is the bully in that case.
    jamesewelch likes this.
  6. rlcoffey

    rlcoffey Advocate (515) Kentucky Apr 20, 2004

    And the first answer would be, "are you fucking blind, we dont have a star in the middle of our number"?

    Have you actually seen a W6 logo? The compass is outside the number, you have basic facts wrong.
    visualmartyr likes this.
  7. Ranbot

    Ranbot Advocate (620) Pennsylvania Nov 27, 2006

    "...Let me root, root, root for the hoooooome team! If they don't win it's a shame!"
    jamesewelch and Beerandraiderfan like this.
  8. Exactly.

    Anyone that would confuse MH and W6 is a fucking moron. They look nothing alike.
  9. Forget it, Jake! It's Chinatown...
    Mebuzzard likes this.
  10. KBurb

    KBurb Initiate (10) Brazil Jun 27, 2013

    Knowing one of the owners of west sixth, there was never any intent to copy a logo. A graphics designer came up with the logo among many options and they went with it. Located on West Sixth Street in Lexington, they have never tried to emulate another company or trade mark. I have had several friends in the graphics art industry that have laughed at the merits of this contention by MH. My understanding is that they tried to clear this up early on but were unable to have meaningful conversations. My friend was a little frustrated with the process of trying to resolve this as often efforts to do so were rebuffed.

    And for those unaware, they have a loyal local following (I don't drink for personal reasons, but I have had many close friends who do like their products).

    And to those who are presumptuous in their opinions of the owners of WSB, there are two sides to these suits, and in this case the smaller guy was caught up by the big company, and got frustrated when no progress was made despite honest efforts.
  11. Creates a natural bias and degradation of ones ability to see the issue objectively.

    I don't believe intent is an element that would have been needed to be proven up, hence it would be irrelevant. Although their intent would be completely on the table with the defamation suit with their actions after the C&D letter.

    And yet they succeeded in doing that.

    Are they intellectual property lawyers too? Or did they just stay at a Holiday Inn last night?

    Your claim is belied by the record.
    jdklks, Ranbot, jamesewelch and 3 others like this.
  12. drtth

    drtth Poobah (1,205) Pennsylvania Nov 25, 2007

    And the possibility of bias having come into play is enhanced by KBurb being a non-drinker who has joined the site today, apparently just to make a first post on this particular topic.
  13. I'm not going to make the same point-by-point rebuttal that's already been posted, but I do want to know why this doesn't simply shift the possibility of copying on the graphic designer. In fact, most statements that assumed copying appear to have targeted "the lazy artist". But the bottom line is that this is irrelevant, as a matter of law. Whether you sat out to copy someone else's design or simply emulated it by chance, you're still liable to take it down. The difference would have come out in damages.

    As for inability to communicate with the other side, people are often under the impression that they can simply pick up the phone and resolve the issue and if the other side refuses direct communications it's their fault. But that's not the case. If one side hires lawyers, all communication really should go through lawyers. And when lawyers only talk to lawyers, some of the finer points are lost. The resolution seems to be satisfactory to both sides, blaming one or the other, at this point, does no one any good -- something that WS defenders should realize if they want to garner good will. Continued attacks on the opponent as the unreasonable instigator makes them look like sore losers even if they've lost very little.
    Beerandraiderfan likes this.
  14. Mebuzzard

    Mebuzzard Poobah (1,135) Colorado May 19, 2005

    If one side hires a lawyer, then the shit is purty darn close to hitting the fan. When 2 lawyers are involved...*splat* Now, how fast that fan is turning depends on actions/reactions--like WS defenders you refer.
    VictorWisc likes this.
  15. zachary80

    zachary80 Savant (355) Indiana Nov 29, 2009

    Any idea when the new packaging comes through? I have a couple sixers that were recently brewed and still have the old style. Definitely a great beer to have been caught up in the dispute, for those who have been unable to try it. Well balanced IPA, with the C hops (including Citra), very tropical.
  16. jdklks

    jdklks Savant (385) Maryland Aug 9, 2007

    Nope, no irony.