Renegade threatened by Sixpoint

Discussion in 'Mountain' started by alexipa, Feb 21, 2013.

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  1. alexipa

    alexipa Initiate (0) Oct 7, 2011 Colorado

  2. Oxymoron

    Oxymoron Pooh-Bah (1,993) Aug 14, 2005 Colorado
    Pooh-Bah

    It's open season for lawyers. So much for the happy community we once knew.
     
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  3. Mebuzzard

    Mebuzzard Grand Pooh-Bah (4,290) May 19, 2005 Colorado
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    Wish they would have gone through a mediator :slight_smile: Going through a lawyer is too impersonal and stale and "strong".
     
  4. Prospero

    Prospero Pooh-Bah (2,680) Jul 27, 2010 Colorado
    Pooh-Bah Trader

  5. Prospero

    Prospero Pooh-Bah (2,680) Jul 27, 2010 Colorado
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    Yea, it's spelled different and the can looks different, and one says Renegade on it, the other says Sixpoint on it. You'd have to be a moron to get confused, particularly since they aren't distributed anywhere that overlap. It's not like a company cloned the Sixpoint Righteous can and changed it to S1xpoint Ryeteous and distributed in the same market, which I believe what the trademark law was intended to be for.
     
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  6. dbrauneis

    dbrauneis Grand High Pooh-Bah (8,071) Dec 8, 2007 North Carolina
    Mod Team BA4LYFE Society Pooh-Bah Trader

    I also put some responsibility on Renegade Brewing - I mean the Sixpoint Righteous Ale (a rye beer) has been out for a number of years and the first review on BA is from 2005. Creating a rye ale with the name Ryeteous in 2011 (also year of first BA review) without checking to see if anyone had the trademark is kind of surprising... Also, the packaging in cans just like Sixpoint probably made the chance of confusion (and thus having to protect their trademark) much higher.
     
  7. dbrauneis

    dbrauneis Grand High Pooh-Bah (8,071) Dec 8, 2007 North Carolina
    Mod Team BA4LYFE Society Pooh-Bah Trader

    But legally, you have to protect your trademark or you lose it (and the money you invested in acquiring it).
     
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  8. dbrauneis

    dbrauneis Grand High Pooh-Bah (8,071) Dec 8, 2007 North Carolina
    Mod Team BA4LYFE Society Pooh-Bah Trader

    I would also imagine that Sixpoint would like to expand into some of the same markets in the future...and they have been actively using the trademark.

    I suppose that someone is going to argue that the people at Renegade were unaware of Sixpoint???
     
  9. Prospero

    Prospero Pooh-Bah (2,680) Jul 27, 2010 Colorado
    Pooh-Bah Trader

    How can you get confused if you never see them side by side on the shelf?

    [​IMG] [​IMG]
     
  10. Prospero

    Prospero Pooh-Bah (2,680) Jul 27, 2010 Colorado
    Pooh-Bah Trader

    True.

    Upon which I would then likely expect to see a trademark infringement cease & desist. But "intent" or "future" expansion is (to me) not a good enough reason. It would actually have to be competing and therefore infringing upon their marketability.
     
  11. dbrauneis

    dbrauneis Grand High Pooh-Bah (8,071) Dec 8, 2007 North Carolina
    Mod Team BA4LYFE Society Pooh-Bah Trader

    But a trademark is not limited to a specific region of the country - they are a US-wide thing... this is not one of the those cases where the trademark was applied for but never used, but one where it should have been fairly obvious that it was going to be an issue.
     
  12. Prospero

    Prospero Pooh-Bah (2,680) Jul 27, 2010 Colorado
    Pooh-Bah Trader

    What about Sublimely Self-Righteous? Not close enough?
     
  13. Domingo

    Domingo Grand Pooh-Bah (4,252) Apr 23, 2005 Colorado
    Pooh-Bah

    I understand where both are coming from. I wish more upstarts would do their due diligence with branding and while the RR/Avery story is nice, I'm not so sure I'd expect something like that in every instance either. While things with Strange and (especially) Dry Dock were a little questionable, this one really does seem like a pretty large oversight, IMO.
    That said, I'm shocked there aren't more people actually picking up the phone or shooting over an e-mail to try and sort things out first. I'm curious if that did happen or if there's another side to this.
     
  14. tacosandbeer

    tacosandbeer Pooh-Bah (1,760) Sep 24, 2010 British Indian Ocean Territory
    Pooh-Bah Trader

    You wouldn't confuse them...if you knew what you were looking for. Someone looking to try either for the first time might not be as well-versed in can art.
     
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  15. dbrauneis

    dbrauneis Grand High Pooh-Bah (8,071) Dec 8, 2007 North Carolina
    Mod Team BA4LYFE Society Pooh-Bah Trader

    I think the first step to protecting the copyright is the letter from the lawyer, then a conversation about licensing the trademark could be pursued (assuming that you would want to license the trademark).

    But this one seems pretty blatant to me as the one item has been around for like the last 8 years.
     
  16. Prospero

    Prospero Pooh-Bah (2,680) Jul 27, 2010 Colorado
    Pooh-Bah Trader

    Yea, I agree, my guess is a lot of breweries just don't do the research and/or apply for trademarks due to the added cost. I imagine had Renegade applied for a trademark it would have been denied, if what dbrauneis is saying is true. They also have a beer called Elevation which would seem to infringe on a couple other trademarks, if the other beers are actually trademarked (no idea how common it is to trademark a beer)

    I guess I originally thought that the trademark infringement had to prove it was competing against the original product and/or had to show it was imitating it, if all it is, is a protection of a name in a similar product, then they have a case.
     
  17. mkorpal

    mkorpal Initiate (0) Oct 28, 2007 Colorado

    Yeah, I think people forget that our industry is just that, an industry. While we all get along and collaborate, we still have a right and a duty to protect our image and branding.
     
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  18. dbrauneis

    dbrauneis Grand High Pooh-Bah (8,071) Dec 8, 2007 North Carolina
    Mod Team BA4LYFE Society Pooh-Bah Trader

    The really sad part is that I found it in like 5 seconds with just a google query for "righteous trademark beer" and I'm no expert on these things.
     
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  19. Prospero

    Prospero Pooh-Bah (2,680) Jul 27, 2010 Colorado
    Pooh-Bah Trader

    Great point.

    Looks like Righteous Ale has been trademarked since 3/2011
     
  20. dbrauneis

    dbrauneis Grand High Pooh-Bah (8,071) Dec 8, 2007 North Carolina
    Mod Team BA4LYFE Society Pooh-Bah Trader

    Probably likely to have some issues with Elevation as well (and that seems to be trademarked by someone in the local market as well).
     
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