Tried Hands "FarmHands" no longer

I don't think the outrage is so much about defending one's brand as it is pompously flexing your legal muscle to subvert a "competitor" (even though they don't compete in the same markets). Craft brewing is supposed to be an open, friendly community where brewers collaborate with each other and there's an understanding that it's "us against them" (BMC), not "every man for himself". I've read stories of other name disputes where one brewer sent a six-pack and a note saying "Hey, we've been using a similar name for a long time, would you mind changing your beer's name as it would be mutually beneficial for us not to confuse consumers?" or something to that effect. The problem is that this is something that can and should be handled without lawyers.

 

Earth Bread + Brewery in Philadelphia has brewed a beer called "God Put His Tired Hand in My Tired Hands"

 

Well that's interesting, considering the history there with brewers.

 

As lovely as that sounds, people need to wake up to the fact that craft beer is turning into big business.

 

Thank god I can go there every week.

 

Regardless of whether the whole industry is turning into "big business," many brewers (both large and small) are more interested in feeding their families than being idealists about collaboration amongst brewers.

 

I agree with you. I don't think it's a bad thing that many brewers are interested in craft beer as a viable business interest, rather than as some higher calling. And because it's a business, I don't fault people for wanting to protect their investments, regardless of whether I agree with the legal merits of their decisions.

 

Thankfully, the beer will not cease to be, only the name FarmHands will. It'll still be a great local saison, it'll just be called something else.

Also, I've heard from 1-2 of the guys @ TH over the last couple months about the production brewery thing, so it was cool that Jean tossed that in. From what I've heard (and this is not at all confirmed), the idea was/is to produce 'the beer formally known as farmhands' and 'hophands' to sell to the local philly market, draft only. I have no idea if that's still the plan, but I'd love them to use the production place to do some of their bottling runs, but that's just me being greedy for some delicious saisons. I don't think the place is going to be huge, but it'll be bigger than what they have now, and it leaves even more space in the fermenters at the Ardmore location for the one-off stuff.

So, other than the guys @ Vivant being jerks about a name, everything Jean posted is really good news.

 

A quick google search shows Vivant has applied for the trademark on "Solitude," so they may be in the same process with the other brewers listed, too. What has me shaking my head is the timeline included in this article:

http://www.mlive.com/business/west-michigan/index.ssf/2013/09/vivant_tired_hands_dispute.html

If this reporting is correct, it looks like they sent TH a C&D (in April) before they even applied for the trademark (in May). I don't know trademark law at all, but this strikes me as being on the slimy end of the scale. Once they won the race to the trademark office, it's their legal right/obligation to defend the mark... but the timing of it all feels slimy to me.

 

I have to admit that I copped my post from YOUR post on the TH Facebook page

But, as you have made even more clear, the truth of what Brewery Vivant is up to is scarier than any blatant homerism/defense of THBC. Slimy is the perfect word for what they're up to.

 

All the more reason not to buy their beer, if you ask me. (Vivant)

 

Don't be surprised if a now craft brew becomes a dick MBC in the future. The cycle of life.

 

not only are they allowed to protect it, they are required to do so.

 

My argument was more geared toward the fact I think the law is working to a useless end in this case. I'm sure BV is well within their rights considering TH gave up and is changing the name, but it just seems like an unnecessary thing to do since the name isn't identical and is pluralized and all the other things I talked about. It's not like AB came out with a beer called Coors Platinum to screw with MillerCoors. I think this is part of the reason why I decided not to be a lawyer even though I did well on the LSATs lol (I know there is much more to the law than patent/trademark laws).

 

You can have trademark rights prior to applying for a trademark with the US Patent and Trademark Office. That is the difference between a trademark and a "registered trademark." The benefit of having a registrered trademark is it comes with a presumption of validity. If Vivant were to sue Tired Hands now that they have a registered trademark, Tired Hands would carry the burden of showing the trademark was bogus.

 

Here is the rub... if Vivant doesn't sure Tired Hands for "FarmHands," AB can come out with a beer called Farm Hands, sell it in cans in Michigan and when/if Vivant tried to defend their trademark on Farm Hand, AB would challenge Vivant's trademark as bogus by pointing to the fact that Tired Hands has now been using "FarmHands" for more than a year.

 

But can't Vivant license the name "Farmhands" to TH for like $1 a year, thus protecting their trademark?

 

And then they can hold hands and sing Kumbaya too!

 

Maybe it is inevitable that some "craft" breweries become corporate breweries. I am sure some of the Busch's of the world started out as genuine brewers of good beer. Brewers like Vivant are perhaps simply seeking to move on from the craft brewing market to bigger and better things. Craft brewing as you and I define it and appreciate it will not change but some of the breweries will. We will continue to enjoy the ones that do not divert their attention from making great beer.

 

The brewery that sent out the cease and desist issues a response letter, which to me seems better worded, presents the facts and doesn't try to make it a sentimental thing or about what is cool and what isn't.

http://www.breweryvivant.com/index.php/who-we-are/news-media/