Left Hand Brewing seeks to trademark "Nitro"

Just means other breweries are going to have to fit the word Nitrogenated on their labels instead of Nitro... seems like a pretty dumb trademark imo since it doesn't stop other breweries from actually making/serving/selling nitro'd beers.

 

I had always found LH Milk Stout/Nitro MS to be decent but will no longer be drinking either because of this. I've never really liked any of their other offerings come to think of it

 

I'm guessing it won't get off the ground given how much prior art and practice have involved "nitro."

 

Left Hand just posted a big explanation on their Facebook page.
Read and judge for yourself.
I don't think their explanation quite covers TMing the word "Nitro". It has become a style. No one would stand behind a company trying to TM "Imperial" , "Double" or "Session". I get that they put a lot of effort into their nitro R&D, and those processes deserve to be protected. But trying to own the naming rights to a whole style is just too much.

 

gd dmmt.

 

I'm not prepared to say they're as bad as king.com and their atrocious Candy Crush trademark crap, since it seems their nitro bottles are a unique thing they're put a boatload of time and effort into, and thus I'd see where they'd want to preserve the unique identity of their nitro bottling process compared to the widget systems in Guinness bottles. On the flipside, trademarks are a completely inflexible thing; if they get it, then no beer in the country could ever even use the term 'nitro'. If they don't send C&D's to EVERY. SINGLE. PERSON. using the term nitro beer, they'd lose the trademark.

Frankly I think it's a no-win situation for Left Hand; either lose out on the trademark and see their unique selling point get diluted, or win the trademark and be forced to be a jackbooted thug to every other brewer in the USA.

 

Guinness hasn't used the "rocket widget" in their bottled Guinness Draught for a few years now (circa 2010/2011) - the change certainly predates Left Hand's Nitro Stout.

From the Guinness Draught bottle website:

"Newly improved Guinness Draught in a Bottle. Enhances the drinking experience when drunk from the bottle. Through innovation and dedication to delivering the best drinking experience, the gas mix has been adjusted so no need for the widget."​

 

I remember reading something when I was a kid about the old Soviet Union that "communist brotherhood ended at the cash register". Looks like as the money gets serious that the same thing might be true about the craft brewing brotherhood.

 

Left Hand has responded to the controversy on their "FB members only" Facebook page. Copy/pasted below for those who don't wish to join Facebook.

"Friends,

We hear your concerns and would like to respond to your questions regarding the Nitro trademark application. Left Hand Brewing started the trademark process for “Milk Stout Nitro” and “Nitro,” names in 2011 when we were the first US brewery to bottle nitrogenated beers. Our goal has not changed but has been recently misunderstood. We are seeking to protect the name of our best selling products that we have spent a significant amount of time and resources to develop, not the style – not nitrogenated beers. Unfortunately, much of what we are seeing being picked up by media and shared recently is to the contrary. We do not wish to halt craft innovation or stop nitro-style beers from being produced or poured. We are simply trademarking the name our bottled beer has become so well known for. We believe another beer named simply, “Nitro” or “Milk Stout Nitro”, would confuse the public and dilute the strength of the brand we have worked so hard to build.

Left Hand will continue to be supportive of our craft brew brethren. In fact, we just returned from Oskar Blues, also in Longmont, Colorado and famous for revolutionizing craft beer in cans, where our two founders and employees celebrated the innovation of Oskar Blues’ Old Chub Nitro in the can. Left Hand Brewing will not be pursuing any action against Oskar Blues (who has filed for their own trademark for Old Chub Nitro) and is congratulatory for this major craft accomplishment – nitro in the can.

So while trademarking a name is not uncommon in the industry, we understand that the Nitro trademark can raise many questions. Left Hand’s motivation is not to hinder competition but to protect the future of our brand, our employees and the integrity of products. We hope that our fans and industry friends will see by our actions that our intentions are in line with being a leader in the craft industry that continues to support our community and offer quality beers that provide the ultimate drinking experience.

The Left Hand Brewing Team"​

 

I say to Left Hand, good luck with that..... You are not that special!

 

Breweries like these are becoming the monsters that they've always rallied against. BS like this will definatly affect how I spend my beer shekels.

 

I mentioned this on the Mountain forum, but if LH was looking to trademark the bottle/ process I would have no issues. To trademark a word?!? I will even be flexible saying it is okay for Milk Stout Nitro as that was the first beer to implement the new Nitro process. But the word Nitro itself is a little far fetched for me. Maybe while trademarking the process the term Nitro becomes synonymous with this specific practice I might see their point. I love Milk Stout from them, so best of luck

 

I'm a little less upset about it now that I understand what they're trademarking. OK: New Holland The Poet Nitro Stout. Not OK: New Holland Nitro Stout. You can use the word as a descriptor, you just can't use it as a singular proper name. Am I correct?

 

Who the fuck cares? Breweries can still say Nitrogen. It's 3 more letters!

 

Can't trademark food or recipes for that matter. They spent $250,000 on developing it which isn't likely the cost of a brand new machine as I feel the cost would run much more. They more likely have a special/modified force carbing process.

Do you think the word Nitro may be a bit too ambiguous to trade mark?

 

If they are just trying to protect their brand, then trademark "Millk Stout Nitro" and be done with it.

But if they succeed in trademarking "Nitro", then don't pursue action against breweries like--to use their example--Oskar Blues Ten Fidy Nitro, won't they lose that trademark for failing to defend it? Or does it count if they *only* pursue companies that try to call their beer "Nitro"?

 

I think "Left Hand Nitro" would be just fine. It's just the single word 'nitro,' that'd be like almost like trying to trademark 'IPA'

 

Can't wait try my first nytro beer this fall!

 

In theory, they could probably license other breweries of their choosing to use their trademarked term, charging them a nominal fee. (IIRC, one of the many recent "craft" brewers' trademark settlements included such a provision).

I think (unlike many folks in these threads, I'm pretty sure I'm not a lawyer, just by checking my bank account).

 

I don't know if I understand you. "Nitro" is the name of the stout. Just like "The Poet" is the name of the stout. Others have trademarked names of their beers, but this is hazy because it's also a descriptor.