Sony sues Knee Deep Brewing over "Breaking Bud"

Discussion in 'Beer News' started by CHL, Apr 18, 2018.

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  1. BBThunderbolt

    BBThunderbolt Grand High Pooh-Bah (7,846) Sep 24, 2007 Kiribati
    Pooh-Bah Trader

    Right? So, there must be a reason, that us, the Peanut Gallery, is unaware of, right? I dunno, but, I don't much buy into randomness. Shrug.
     
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  2. Lahey

    Lahey Initiate (0) Nov 12, 2016 Michigan

    I agree. Rename it cease and desist IPA or something to make fun of sony without infringing on their name.
     
  3. BBThunderbolt

    BBThunderbolt Grand High Pooh-Bah (7,846) Sep 24, 2007 Kiribati
    Pooh-Bah Trader

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  4. Lahey

    Lahey Initiate (0) Nov 12, 2016 Michigan

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  5. BBThunderbolt

    BBThunderbolt Grand High Pooh-Bah (7,846) Sep 24, 2007 Kiribati
    Pooh-Bah Trader

    Few of us are. Damn few.
     
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  6. Giantspace

    Giantspace Grand Pooh-Bah (3,043) Dec 22, 2011 Pennsylvania
    Pooh-Bah


    Good luck going to court with that defense. The helmet screams Vader. Disney owns Vader.

    Enjoy
     
  7. BigJim5021

    BigJim5021 Savant (1,227) Sep 2, 2007 Indiana

    Of course it screams Vader, because it’s a parody (which is generally protected anyhow). But that is entirely irrelevant. It is the exact design used in Spaceballs and literally the name of the character. Disney doesn’t own Dark Helmet, MGM does.

    Example: DC introduced a character named Red Tool a couple years ago. He is very obviously a parody of Marvel’s Deadpool. He looks nearly identical. If a brewery named a beer Red Tool and put his exact unaltered image on the label, Marvel couldn’t sue that brewery because the character looks like Deadpool.
     
  8. readyski

    readyski Pooh-Bah (1,557) Jun 4, 2005 California
    Pooh-Bah Trader

    You're right, there's always a reason..hmm maybe the Breaking Bad series is coming back :grinning:
     
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  9. cavedave

    cavedave Grand Pooh-Bah (4,157) Mar 12, 2009 New York
    In Memoriam Pooh-Bah Trader

    I recommend sunglasses to Knee Deep for their beer, like NEBCO did for Imperial Stout Trooper.
    [​IMG]
     
  10. MNAle

    MNAle Initiate (0) Sep 6, 2011 Minnesota

    Old TV shows and movies never die. They go into syndication, get licensed for merchandise, have sequels made, get "re-imagined" (I hate that word... mostly since it typically involves no imagination at all...), or just get dredged up and restarted years later.
     
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  11. CHL

    CHL Initiate (0) Mar 27, 2009 Illinois

    Seems like Erie Brewing Company has a registered trademark for "Ol' Red Cease & Desist," and Tribes Beer Company applied for "Cease & Desist," which in November the PTO denied in a final office action due to Erie's trademark.

    Erie heighten the absurdity by sending (Cease and Desist)² letters to the others.

    Incidentally, the original article has been updated to include Knee Deep's response, and they claim that Sony contacted them about the cans appreciatively in 2015. If true, they probably also have a decent equitable estoppel argument--that is, that Sony gave the impression it would allow use of the label.
     
  12. ShanePB

    ShanePB Initiate (0) Sep 6, 2010 Pennsylvania

    In the linked article, the Knee Deep CEO states Sony knew about it for years. In part;

    "I was surprised by the unexpected lawsuit filed against us by Sony yesterday, especially after they originally contacted us many years ago touting their appreciation of our Breaking Bud beer that made gentle fun of their show. Shortly after Breaking Bud was introduced, in early 2015, I actually received an email from a Sony representative that said, 'It seems the Knee Deep team are big fans of Breaking Bad and we really appreciate the call out to our very popular show.' Soon thereafter I spoke with the Sony representative and we discussed the potential benefits of a formal partnership between Knee Deep and Sony but we ultimately decided not to pursue such a partnership because, among other things, our label has always been meant as a joke and not something seriously connected to the show. At no point, during those discussions, did Sony ever threaten to sue Knee Deep over the name of the beer. I’ve always been under the impression that Sony had no issue with our Breaking Bud beer since, after all, the Sony rep is the one who told me he 'appreciate(ed) the call out to our very popular show' which is hardly what one would expect from someone who thinks they can sue you for the 'call out' if you don’t pay them a licensing fee, which is what I gather they now want from us."
     
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  13. readyski

    readyski Pooh-Bah (1,557) Jun 4, 2005 California
    Pooh-Bah Trader

    It would seem that Sony no longer feels the "juice" from this beer sideshow. And/or the powers that be got this wild hair (power move) :rage:
     
  14. THANAT0PSIS

    THANAT0PSIS Pooh-Bah (2,275) Aug 3, 2010 Wisconsin
    Pooh-Bah

    Thanks, don't know how I glossed over that. Very strange then.
     
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  15. DarthGuitarHero

    DarthGuitarHero Initiate (0) Jan 15, 2011 Minnesota

    They should do a version of that beer soured with Yogurt.
     
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  16. grampaernie61

    grampaernie61 Initiate (0) Jan 21, 2015 California

    "Knee Deep Brewing CEO Jerry Moore on Wednesday sent The Hollywood Reporter a lengthy statement in response to the complaint, saying he thinks his customers know better than to assume an official association and Sony should be able to take a joke."

    As you said...
     
  17. CHL

    CHL Initiate (0) Mar 27, 2009 Illinois

    Wasn't in the article when I first posted it. Probably change in relevant management at Sony and new guy is hard ass.
     
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  18. thedirtystayout

    thedirtystayout Crusader (483) Jun 10, 2011 New Jersey

    Im shocked its taken Sony this long tbh. And even more shocked that Evil Genius or Bolero Snort haven't received a C&D yet. Unbullievabull.
     
  19. MistaRyte

    MistaRyte Pooh-Bah (2,681) Jan 14, 2008 Virginia
    Pooh-Bah Trader

    Maybe call it "Better Call Lawyers"... a la Clown Shoes Undead Party Crasher (the party crasher's in this case being the lawyers)
     
  20. webbedtoes

    webbedtoes Zealot (597) Nov 1, 2014 Oregon

    Assuming KD ends up having to (ash)can their original name, why not channel Lagunitas [Censored; Undercover Shutdown] and reintroduce the awesome brew as "Bad Break?"
     
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