Cerveceria Costa Rica (Magic Hat) Suing West Sixth Brewing

Pretty good article. I think it's just a bit crazy that because a brewery uses one word of another breweries beer that its trademark infringement. There are ply so many words in the English language, so where do you draw the line? Every time someone uses the word mountain, sky, earth, west, south, hop, etc etc cease and desist letters should be sent out?

 

Or a number

 

No, I didn't admit they reneged. I said that I could see why one would classify it as such. Each time I go back and read the letters, I see language from West Sixth protesting that the trademarks are at all similar combined with concession that they will replace OR CHANGE (this is included, without fail, every time) the star icon, followed by Magic Hat saying something to the effect of "we agree that West Sixth will remove the star"

In terms of the cost prohibition argument on West Sixth's part, I agree this is a rather specious point, since it matters not to the trademark owner how much fixing the trademark infringement will cost the company doing the infringing. However, the argument struck me as West Sixth arguing that Magic Hat's expectation that the star come off of ALL West Sixth assets being costly. They also clarify that they meant that they would remove the star from any logo not also containing the lettering "WEST SIXTH BREWERY". Maybe not.

What is confusing--and the reason I mentioned something missing from the chain--is that in the wording of the letter exchange, there is no mention of the alternate compass designs that West Sixth has since published online. The interaction goes on as if those alternates were never created or shown to Magic Hat. I'm not shilling for West Sixth, as I have zero experience with or personal knowledge about their beer or what they stand for as a company. West Sixth could be put out of business by this lawsuit tomorrow and I wouldn't shed a single tear. What speaks to me about this case is the over-expansive defense of a trademark by Magic Hat.

I continue to question people's assertion that there was bad faith negotiating on West Sixth's part, because the exchange strikes me as typical legalese wrangling, with one party providing a generally-worded proposal to fix the issue, followed by the other party counter-proposing a paraphrased and slightly different version of the proposal, followed by the original party clarifying their original offer. I see no language from West Sixth that is definitive enough to claim that West Sixth pulled a bait and switch.

As far as your assertion that non-BA craft beer drinkers might be confused... that's a tough case to make, I think. This is not an issue of confusion that requires any background research, reading about beer, posting on beer forums or writing reviews about beer to resolve. Any consumer who cared enough about their beer to read the label would see that Magic Hat is not the producer of West Sixth IPA, in spite of the isolated similarities between the logos. This is why I maintain that among craft beer drinkers--even the ones who aren't as dedicated as BAs, there is no realistic potential for confusion This is actually one of the funniest part of Magic Hat's claims to me, because the mark they are defending (#9) isn't even the mark that is on all of their beers (Magic Hat) to indicate a common production source.

 

I think there are a lot of people around here who need to rethink whether they grasp that craft beer is a business. It's not a "movement" and arguably never was. There were people who had a different idea about beer and tried to sell it, and it worked. As the craft beer industry grows and matures these sorts of ugly conflicts are bound to come up. Good for Avery and Russian River, honestly, but that doesn't work for everyone. Magic Hat had nothing to gain from collaborating with West 6th.

 

Sorry to hear you feel/think that way. It's a little different out where I live.

 

And believe me, I know it's a business....I make my living in the craft beer business. It doesn't have to be business mixed with douchebaggery though.

 

Explain to me the problem with this label, because this was their first target.....who will be next?

 

please read the letters that went back and forth. Draw your own conclusions from that.

 

The more and more I think about this post, the more and more I have to disagree. Go ask Alan Sprints or Dick Cantwell if there is not, nor has ever been a craft beer movement.

 

LambicPentameter, we'll have to agree to disagree on whether they reneged and/or negotiated in bad faith. I have made it clear how I interpret the events, and you have made your interpretation clear.

I know a lot of non-craft beer drinkers that will often get #9 if they see it on tap at a bar. These are the same people that typically drink Miller Lite [or similar], but occasionally opt for a Blue Moon, Shock Top, or #9. Sometimes they even have trouble remembering that #9 is made by Magic Hat (and not because they are drunk), they just know #9 on the tap handle. Whether or not the logo indicates a common production source is irrelevant. #9 sells so well across the country that it practically pays for all of MH bills. Long before Magic Hat "sold out" sales of #9 built the brewery. They would be stupid not to defend the product to the utmost of their ability.

I agree it sucks that a small company that probably never intended to hurt or infringe on anything could get hurt in this, but that's business. If W 6th's basic financials are strong they should survive and be a stronger company going forward. Besides, the uptick in sales for them over the next couple months after this fiasco will go a lot way to off-set their costs of redesigning a logo.

 

OK. You say you read the letters, as have I. West Sixth proposed many changes in the last letter that was sent and Magic Hat didnt respond until the lawsuit. Magic Hat is raising more of a stink about the stupid star or what ever MH calls it. There is very little cross over between the two breweries and quite frankly MH has a history but an inferior product. I have also read the actual claim.

 

You listening to Beetles and heavy metal records backwards as well?

 

Or Jim Koch? Or Greg Hall? Or Alan Newman?

If calling it a movement helps sell a product, it's a good bet a company or entire industry selling that product will try to call it such or foster that feeling in its customers. I buy organic foods, but I don't think I'm part of a "movement" for doing so.

 

But they are a year old brewery and produce an inferior product as compared to Magic Hat. If you read all of the correspondence, and all of the public responses then there is a clear public winner, but not yet a legal winner

 

It's a shame you've never experienced it. Another difference between the east and west coast I suppose. You guys should slow down and smell the roses once in awhile.

 

Smoke a joint while you're at it.

 

and they claim to be one of the top distributed craft beers

 

I'm willing to bet that Magic Hat #9 was a gateway craft beer for A LOT of the people defending West Sixth in this thread.

 

I find it hilarious the main ad (banner) features Magic Hat. Well not every time, so keep refreshing until you see it.

I don't know if this has been brought up, but I don't like it!