Cerveceria Costa Rica (Magic Hat) Suing West Sixth Brewing

Except that West Sixth isn't using Magic Hat's trademark. Or even a subtly-different ripoff of the trademark. They are using a mark of their own that is more different from Magic Hat's than it is similar to Magic Hat's

The two sticking points are the fact that the "9" looks similar to the "6" and that both logos utilize an 8-pointed star (which isn't actually part of the registered trademark, since the star is not specifically mentioned in Magic Hat's trademark registration).

This is almost THE definition of overbroad trademark protection. Finding a couple of isolated elements within a competitor's mark and pointing out how they look similar to a couple of isolated elements within your own mark. Because suggesting that these logos look similar on the whole is just not supportable.

 

If you think these two logos are similar you should really consider having an MRI of your brain. You have some form of visual agnosia and should consider yourself lucky it was just a small stroke.

 

Why not quote the entire sentence from West Sixth's first letter to Magic Hat?

Notwithstanding, in an effort to resolve this matter, West Sixth will agree to remove OR REPLACE the "stylized compass design" from West Sixth's beer and ale products marketed under the "6" mark, following the exhaustion of existing inventory.

And they have since provided some options to Magic Hat to distinguish their compass icon from Magic Hat's "dingbat":

http://www.westsixth.com/wp-content/uploads/2013/05/W6_logo_options1.pdf

It seems like the "bad faith" claim is a little bit exaggerated.

 

Not true. Compromise #1, all along, was that W6 would stop using the compass/star, and they were the ones to take back their own suggested compromise. Only after they did that did MH stop negotiating and prepare the lawsuit; negotiations were going relatively smoothly until W6 basically said "never mind" to their own idea which was literally bullet point #1 of the list of compromises.

 

Compromise #1 clearly states "remove or replace" the compass icon.

Do these not count as "replacements"?

http://www.westsixth.com/wp-content/uploads/2013/05/W6_logo_options1.pdf

 

Guess again...

 

Did you read my post a little earlier in this thread, where I quoted from the letters demonstrating precisely how W6 did an about-face on the compromise that they themselves had suggested? An agreement was totally lined up in MH's last letter to them, but then W6's last letter began with "actually, never mind, we're not willing to follow through on our on idea." Once they cut out the basis of the entire string of negotiations, MH filed the lawsuit.

At least as far as I can follow in the letters, here's the series of offers and counter-offers:

MH Demand #1: Stop using the entire logo.
W6 Counteroffer #1: Keep 6, lose compass.
MH Counteroffer #2: Agrees with above, but with the stipulation that the 6 must be accompanied by text WEST SIXTH BREWING at all times.
W6 Counteroffer #3: Agrees with above, but wants to keep 6 w/out text in taproom and wants permission to proceed with trademark for a revised version of compass.
MH Counteroffer #4: Agrees with above, but reserves permission for redesign until it can be reviewed.
W6: Counteroffer #5: Forget everything, we want to keep the compass after all.
MH: Lawsuit
W6: PR blitz accusing MH of suing without trying for an amicable settlement.
MH: Publishes letters proving their attempts at an amicable settlement.
W6: Returns to Counteroffer #3, pretends #5 never happened.

Note how both sides keep accepting further refinements of a compromise up until W6's last letter, where not only do they reject MH's last offer but even reject their own original suggestion. Oops?

 

Of course they do, now, but in the last letter West 6th's lawyers sent to Magic Hat's lawyers, they stated that they wanted to keep using the original symbol unrevised.

W6 offered to do a redesign, MH accepted that offer on the condition that they get to approve it, W6 reneged on their own suggestion, MH sued, and now W6 has returned to their original position. Seems like the lawsuit was necessary and effective.

 

Evidence for your assertion that I'm mistaken? See my post two above this one for a summary of the entire negotiating process, and tell me where I've gone wrong.

I'd love to be on the side of the little guy against the corporate bully here, but the facts are the facts.

 

I read all the letters, and while that's close, West Sixth does state that their reasoning for keeping the compass is due to feeling that they shouldn't be beholden to Magic Hat's design approval of the redesigned version of the compass that they produce.

So I guess one could classify that as "reneging", but to me, it seems like they decided that Magic Hat's counterproposal to be given right of refusal on the redesigned compass wasn't an acceptable outcome. That doesn't strike me as reneging so much as not being okay with said counterproposal.

 

Well something is missing from the chain then, because West Sixth only changed their position after Magic Hat demanded to be allowed to approve the redesigned compass logo. Makes me wonder when those alternate compass designs were sent to Magic Hat.

 

How on earth could Magic Hat be expected to approve a design without seeing it first?

 

Brunch. Not quite breakfast, not quite lunch.

 

They look nothing alike even upside down.

 

Yeah, well, you know, that's just like, uh, your opinion, man.

Plenty of people in this thread have expressed their opposite - and equally valid - opinions, and I'm afraid that if this goes to court it will be easy for Magic Hat's lawyers to prove that the logos are similar enough to cause confusion among at least a significant minority of consumers.

I wish Magic Hat were in the wrong, I really do, but even though I'm predisposed to root for the little guy I just can't get in this case.

 

I admit I did a brief double-take when I first saw it, but only a half-second later I realized it was NOT the same. Hard to believe a lawsuit is being labored over for this. I've had West 6th's IPA, and yes it is good. Give them your support!

 

West 6th Brewery is on West 6th Street in Lexington, KY, thus the name. The "star" that is in question is actually the rose of a compass. See how the 6 is on the west side of the compass? There you go! West 6th has made all the correspondance between lawyers from them and Magic Hat public and it appears that they have been more than willing to settle this out of court. I had always enjoyed Magic Hat's #9, but I'm done at this point. I'll take West 6th and their delicious amber ale any day of the week. Stop the bullying Magic Hat! Can't we just settle this over a pint?

 

The font for the number have to be the same or very similar... however, this is caddy like high school girls

 

It comes down to one thing Was it a good business decision. I personally don't think it was, but only time will tell. It comes down to this, will they sell more or less beer by doing this. We can debate whether it was right or not for them to do. That ends up just going towards will you buy their beer or not. If they sell more it was a good business decision. If they sell less it was a bad business decision. It really comes down to that one point. I personally don't think they should have done it. I personally would like to see them putting more effort into trying to keep up with other Vermont breweries who I think they have fallen way behind. However that is all my personal opinion which goes towards one person not buying their beer any more. My guess is that the majority of people (like myself) who say they will buy less or won't buy their beer any more were probably not buying that much anyway. I'm sure there are some who have said this that use to buy a lot but the higher percentage who have said they won't buy Magic Hat any more will probably not make a major impact. Again whether you think it was right or wrong I suggest you use that to make your own judgement on whether to buy Magic Hat beer. The bottom line comes down to Magic Hat is acting as a business in this situation and just one person's opinion would not make it a good our bad business decision, it will be the cumulative action.

 

Pretty similar here also, right? Fuck Magic Hat.