Cerveceria Costa Rica (Magic Hat) Suing West Sixth Brewing

I'll do that!! Thanks for the constructive feedback.

 

I mean, magic hat is totally in the right on this one .

 

Magic Hat did a similar thing to Barley Island from Indiana several years back too.... Barley Island brewed a coffee stout with coffee from a local roastery called Black Majic Java Stout http://beeradvocate.com/beer/profile/1445/33384. Apparently, Magic Hat had a beer of a similar name and sent a cease and desist letter to Barley Island. Barley did not have the means to fight it, and changed the name of the beer rather than go through any lengthy battle. This was before Magic Hat was bought out by this new group, so apparently, they've gotten more litigious.

 

asked a lawyer friend about it, he replied:

"Confusion can be part of an infringement claim...Can even use 'is this similar' or 'would you think these products are related' as tests to determine infringement"

I think it's a pretty thin claim, but it's not baseless...I could see how a consumer without great knowledge of the beer industry might assume they were similar or related products. Should be a tough sell for MH though.

 

Will people be boycotting the other companies that Cerveceria owns? None of them look that thrilling to begin with anyway

 

From what I know about the "confusion" aspect of an infringement claim, the end-consumer matters as well. In other words, Magic Hat can't just presume that the people who would likely be buying their beer are ignorant BMC drinkers who wouldn't know a Magic Hat from Cat In The Hat. There is a reasonable assumption that the consumers who are buying Magic Hat and West Sixth beers are so-called informed consumers, and that the label similarity would have to be awfully striking to cause confusion. Given the stark difference in the color palettes alone, I think that's a hard case to make.

Of course, the issue is whether or not West Sixth has the resources to prove their case.

 

I think Magic Hat shut that thread down for further response.

 

I can say we no longer carry Magic Hat in our store. F**k bullies and fake craft.

 

Any attorney in Kentucky who can handle an infringement case would definitely get a whole lot of beer karma for taking their case pro-bono

 

The star is kind of damning.... damn!

 

That said, I've seen pictures of West 6th cans before and never thought, "oh, that looks like #9" which is sold in literally every store within 200 miles of here (even the ones that don't sell beer.)

 

What would happen if six turned out to be nine? Al Hendrix should sue both!

 

They should be filing suit against MillerCoors soon for Batch 19 right? That 9 could confuse someone!

 

I hope West Sixth does a collab beer with Three Floyds and a Death Metal band that writes a song shitting all over Magic Hat.

 

Al Hendrix?

 

I will. The hastiness to seek litigation is a huge turnoff for me. I almost feel sorry for Pyramid, they're considered one of the locals where I'm from.

 

Or, if they HAVE to change their logo, make a new IPA called Fe-Fi-Fo-FUMH. I'll let the rest of you figure it out.

 

Magic Hat-Bear Republic-Tyranena collaboration underway.

Sue! Sue! Sue!

Someone needs to name a beer Scurvy Racer #9. Then we can have a collaborative lawsuit.

 

Was unaware of Pyramid being mixed up in this. Attempts to figure out what brands are in Cerveceria Costa Rica's portfolio via Google were a dismal failure... does anyone have a complete list of brands or a source listing them?

If Pyramid is actually owned by these guys, that does make me sad since I live within walking distance of their primary brewing site and will occasionally go there for food/beer. Plenty of other good food around, but it would still be a bit sad.