Cerveceria Costa Rica (Magic Hat) Suing West Sixth Brewing

Thanks. Right side up, I dont see any similarity at all. I just thought it was important to view them without playing games with them.

I think I agree. If they were East 9th, I think it would be an interesting case that I could see going either way, but would probably be a valid concern.

As West 6th, I dont see it at all.

 

Similarities:
Circular logo
Both have a number
Both have an 8 pointed star

Differences:
Color
Smeary background vs solid
Number is centered vs number off centered and part of circle
Different font
Star is different
One has a # symbol
THE NUMBER ISNT THE SAME FREAKING NUMBER

Im sure graphic designers could point out other similarities/differences, but those are the ones I see.

The two big deals are the Star and the Number. The star is similar but not exact, I could see it being an issue if other things were similar too. On the other hand, the number is entirely different as 6 != 9.

 

My uninformed legal guess is the logos are similar enough (when upside down at least) -- even to the star in the same place as the number sign -- that West 6th will have to go back to the drawing board, unfortunately for them.

 

Before:




After:

 

Judging it upside down seems silly. I mean, yes, if it was exact or something upside down, then sure, but I think judging them right side up makes more sense, in my uninformed legal opinion. Also, the star isnt in the same place as the number sign. Upside down, its upper left vs lower left.

 

The first time I saw the West 6th logo was with a group. First comment was "It looks like Magic Hat #9 upside down." Second comment was, "That's a lawsuit waiting to happen."

 

Weird, never occurred to me.

Knowing nothing about you, I wonder if it differs between thought patterns and stuff. I see two numbers, a six isnt a nine and isnt even close. All that other stuff I mentioned above I had to look at closely to even notice. Im an engineer, not an artist.

 

yes, the "W" in west 6th is also obviously just an upside-down "M" from Magic Hat......

 

As a proud member of KY's growing craft beer scene, I will certainly stand up for West Sixth. I've met those guys several times and their IPA is the best year-round KY beer available and stands up well to most any IPA. The guys are great and West Sixth is very involved in the Lexington scene. I too have no "connection" to West Sixth other than the fact that their IPA is one of my 3 go-to's for a hoppy fix and something you will almost always find in my fridge. I really hope this gets tossed out as I hate to see them have to waste a penny fighting a giant company pushing a bad product and only trying to hurt one of the great up-and-coming breweries out there.

On a side note, i've never liked Magic Hat's #9 logo and I think West Sixth's logo kicks ass.

 

You need to slow your roll, man. This is like the 400th time something similar has been posted to BA and everybody got all outraged, chances are, everything will work out ok. Maybe not perfect, but ok.

 

These two beers will be confused by absolutely everyone who doesn't purchase craft brew.

 

That is the test for trademark infringement. If the average person can see that one was derived from another. In this case Magic Hat has been around much longer, so West 6th would most likely lose. Sucks, though, that MH has to sue them over it. Just issue a cease and desist, and force West 6th to redesign.

 

<<<<<<<<< I concur.

 

If you can't access W6th website, the release is also here: http://beerpulse.com/2013/05/west-s...-hat-parent-for-allegedly-copying-9-logo-404/

 

I've never heard of West 6th. They're my new favorite brewery.

 

I can actually see their argument. It's not just that it's an upside down 9. It's that its the exact same shape, and also has that star in the exact same place as the "#" in the number 9. It's a legitimate trademark dispute.

Having said that, even if you agree that it's a legit trademark dispute, Magic Hat and their parent company are complete douches for suing. They could just summon the inner craft brewer they used to possess and allow West Sixth to use the logo with permission.

But, what do you expect from a company that used to be the creme de la creme of Vermont craft brewers and now can't even be considered in the top 10 best breweries in VT. Worlds behind small operations like HF and Alchmist. It's just sour grapes, and not the good kind that you find in St. Lamvinus. ZING!!!

 

Ohhhh, there you go, now I see it.