Consumer vs Blue Moon class action lawsuit

Discussion in 'Beer News' started by gcrest, Apr 30, 2015.

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  1. J-Rye

    J-Rye Initiate (0) Aug 12, 2014 New Jersey

    I guess we'll see how this interesting case plays out, then.
     
  2. HopSavant

    HopSavant Initiate (0) Apr 13, 2014 Tennessee

    If using terms like "artfully crafted" or "craft" or "Belgian[esque]" are infringing on intellectual property, like a trademark, there's nothing illegal going on here. I am no attorney, however.

    Ultimately, our dollars decide which companies stay and which goes. To your point--perhaps you enlightened someone today that did not know otherwise. Let the money be the judge.

    Happy drinking! That's what it's about.
     
  3. Evil_Emery

    Evil_Emery Initiate (0) Nov 14, 2014 California

    I'm not a fan myself, but I'm less of a fan of scavenger lawyers essentially shaking down a big company--even Coors.
     
  4. LehighAce06

    LehighAce06 Pooh-Bah (2,240) Jul 31, 2010 Pennsylvania
    Pooh-Bah Trader

    I was more referring to the false advertising side of things than IP infringement, but I'm no attorney either.
     
  5. J-Rye

    J-Rye Initiate (0) Aug 12, 2014 New Jersey

    It seems to me that this isn't a question about illegality, exactly, but about damages due to unfair/deceptive practices. Civil suits are not criminal cases.
     
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  6. gopens44

    gopens44 Grand Pooh-Bah (3,560) Aug 9, 2010 Virginia
    Pooh-Bah Trader


    What was the damage though? Not being able to brag about drinking a true "craft" beer? The consumers paid more for Blue Moon than for Coors. There's the premium pricing. If you are saying Blue Moon = Coors, than perhaps you can contrive a "damage" but you would also be saying something patently false. Blue Moon, and even though I personally can't stand it (or any wit) is more "artfully" created and it's recipe "crafted" differently than Coors. Ergo, premium pricing justified.
     
    BWM-77 and couchsitta like this.
  7. corbmoster

    corbmoster Pundit (848) Dec 15, 2014 Texas
    Trader

    Frivolous lawsuit? yes. A taste of their own medicine? Perhaps? How many times have we heard of the big macro breweries with lawyers on staff suing small craft breweries, or threaten to sue for no good reason. Just to hassle them. (i.e. the documentary "Beer Wars") Is it the right thing to do? Who am I to decide such a thing. I will say that karma has a way of coming around full circle most of the time. Maybe this is that time. It's not likely though.
     
  8. LuskusDelph

    LuskusDelph Initiate (0) May 1, 2008 New Jersey

    The lawsuit and the premise behind it are way beyond dumb.

    I'm more riled by some of the craft breweries that are popping up like weeds these and turning out amateurish, substandard beers and charging top dollar for them trading on the false assertion (or assumption) that a locally produced "craft" beer will always be better.
     
  9. jlsims04

    jlsims04 Initiate (0) Jul 14, 2013 Illinois

    Couldnt agree more and one of the mentalities around here that drives me absolutley up the wall. There are alot of shit mico brews around that when presented with one of their beers or a BMC i would take the BMC every single time.
     
  10. CheapHysterics

    CheapHysterics Initiate (0) Apr 1, 2009 Pennsylvania

    Running time is always listed on movie packaging, so if the small print said "infinity" instead of 102 minutes, you'd have a case!

    Don't get me wrong... I think the lawsuit is frivolous. Blue Moon/Coors is being deceptive, but no more so than any other company is with their advertising.
     
  11. SensorySupernova

    SensorySupernova Initiate (0) Mar 21, 2014 California

    Wasn't there just a class action lawsuit about Kirin in the US not actually being brewed in Japan? Damage can mean some odd things.
     
  12. Pisthetaerus

    Pisthetaerus Initiate (0) Dec 3, 2014 Connecticut

    This.So.Much.

    Terrible craft offends me way more than mass produced beer.
     
  13. gopens44

    gopens44 Grand Pooh-Bah (3,560) Aug 9, 2010 Virginia
    Pooh-Bah Trader


    Nice reminder of another ridiculous lawsuit! Think I'll sue any random Chinese restaurant for serving me fortune cookies - all this time I thought they were actually Chinese by they aren't!

    Your reminder of the Kirin lawsuit, plus this lawsuit and every other candy ass piece of crap lawsuit makes me almost wish for a giant asteroid to come hurling at as soon. There's still millions of people fighting every day just to survive but apparently we need to make someone give us money because the luxury good we are consuming didn't satisfy our needs to boast or feel exotic enough. Damn the problems of the 21st century.......

    The consumers filing the lawsuit should ask the poor people of Nepal what their interpretation of a "craft" beer is....
     
  14. Crackerbarrel

    Crackerbarrel Initiate (0) Feb 10, 2014 New York

    Fuck it, sue their ass.

    Yes, its dumb, but that's what they get for practicing business the way they do: dumb irrational lawsuits.
     
  15. ICMTM

    ICMTM Zealot (532) Mar 20, 2014 California
    Trader

    If you go to a ball park or something where there are limited options for beer Blue Moon has been marketed as a premium beer. My question to you is how is Blue Moon not a premium beer? I don't feel it's a premium beer because I don't like it, but that doesn't mean it's not premium. From Google:
    • relating to or denoting a commodity or product of superior quality and therefore a higher price.
      modifier noun: premium
      "premium beers"
    I'd say as compared to Coors Light Blue Moon is superior in quality, no?
     
  16. ravenwork

    ravenwork Initiate (0) Mar 16, 2015 Pennsylvania

    This is still a free country. MillerCoors has the right to label and advertise their beer as they see fit. If you like their swill, buy it, but if you want to try it because of that stupid commercial about the orange garnish, well, ugh.

    The USA needs less lawsuits like this one, a LOT less.
     
  17. dj14365

    dj14365 Aspirant (293) Feb 7, 2015 Alabama

    Isn't blue moon like 7-8 bucks for a 6 packs? It's not something I drink so I don't really know.

    It's just weird to see people saying that's paying a premium for beer. Kinda puts it into perspective that in the grand scheme of things the 15 dollar 6s and $10 bombers I get are what's abnormal.
     
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  18. sefus12

    sefus12 Pundit (938) Sep 7, 2006 Wisconsin
    Trader

    I agree 100% and I don't even like Blue Moon.
     
    OneBeertoRTA likes this.
  19. LKFH

    LKFH Pundit (876) Apr 9, 2007 California

    I am an economist that consults on litigation matters. Here are the questions I would ask:
    1. What is the price of Blue Moon vs. Coors or Coors Light?
    2. What is the cost to produce Blue Moon vs. Coors or Coors Light?

    I honestly have no knowledge of the price and cost of Blue Moon. My guess (hunch?) is that the gross margin of Blue Moon is similar to that of Coors and Coors Light. MillerCoors has this brewing business thing worked out. It has a target margin and does a pretty good job of hitting it. I doubt the difference in price is all profit. It probably costs a little more to brew Blue Moon, be it because of more expensive ingredients, economies of scale, or whatever. That is where the difference in price comes from.

    If a higher price is due to higher costs, it is hard to argue a consumer paid a premium price because he was duped by false advertising. Sure, he might not have made the purchase had he know Blue Moon Brewing Company was owned by MillerCoors, but he did not pay an artificially inflated price. Any repeat purchases indicate he enjoyed the product and felt it was priced fairly. [For god's sake, the Blue Moon commercials say Golden, CO, just as Coors commercials have said for decades. A little attention to detail and analytical thought go a long way in life.]

    All that said, this is a silly case. This sounds like an attempt to get a settlement out of MillerCoors, which will benefit the plaintiffs' attorneys more than anyone. As "craft beer" fans, I don't think we should be rooting for any outcome favorable to the plaintiffs.
     
  20. evilcatfish

    evilcatfish Pooh-Bah (2,116) May 11, 2012 Missouri
    Pooh-Bah Trader

    I think the lawyers behind this need to start going after a lot of craft brewers for their evil deception! For so long I thought all these farmhouse beers were made on farms, then after visiting some breweries found out they are made in industrial parks! I felt so dirty and deceived once I realized this fact
     
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