Renegade threatened by Sixpoint

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

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  1. mkorpal

    mkorpal Initiate (0) Oct 28, 2007 Colorado

    I think the other problem is the same one you will see here. A lot of these new brewers don't see the industry in the way they should, as a hyper competitive industry where imaging and branding is quickly becoming the most important part of your brewery. There are just too many breweries in planning or opening right now. These guys seem to come in and see all the collaboration and cooperation but fail to think about how important your brand is. And they fail to think that another brewery may protect themselves. Who knows, maybe they knew about the beer, but thought that it was ok because they are on the other side of the country, and any problems could be settled over a pint. It just doesn't work like that any more.
     
  2. Prospero

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

    I'm still curious though to see if Ryeteous could be trademarked, considering "Sublimely Self-Righteous" and "Righteous" are in the same industry and have trademarks both in the same category. It's not like Strange vs. Strange or Salvation vs. Salvation, or Gravity vs. High Gravity.
     
  3. crusian

    crusian Pooh-Bah (1,989) May 14, 2010 Oregon
    Pooh-Bah

    So, if youhave a trademark on Righteous, how does that bleed over to ryeteous? they are different words.
     
  4. Domingo

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

    My gripe with things like this is that it always seems like people are getting a guilt trip about "look at what Avery and Russian River did!"
    What if they don't want to collaborate? Nobody should be made to look like an asshole for that.
    I'd love to see breweries hash this stuff out, but guilt tripping another brewery into a collaboration they had no intention of pursuing seems kind of lame.

    Kind of unrelated to the name, but not necessarily. I'm getting sick of that example being used for everything. Then again, I'm getting sick of the random litigation (and uncreative names), too.
     
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  5. ssteigerwald

    ssteigerwald Initiate (0) Mar 4, 2010 Colorado
    Trader

    Ryeteous != Rigtheous;

    Ryeteous.equals(Rigtheous) = false;

    'nuff said.
     
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  6. weatherdog

    weatherdog Initiate (0) Nov 7, 2007 Illinois

    So if I verbally recommended the beer in question would you know which one I was referring to?

    Spelling differences do not matter, they are homophones of each other and are very likely to create confusion among consumers. This seems like one of the most cut and dry infringements I've seen.
     
  7. ssteigerwald

    ssteigerwald Initiate (0) Mar 4, 2010 Colorado
    Trader



    Er, so trademarks are based on homophones?
     
  8. Mebuzzard

    Mebuzzard Grand Pooh-Bah (4,302) May 19, 2005 Colorado
    Pooh-Bah Trader

    Once a lawyer is involved the conversation between the parties ceases and is now between attorneys. In this case it seemed that they were on the "good" path: personal call placed, some discussion....but then it derailed and an attorney was secured. Perhaps the conversation could have continued?
     
  9. Mebuzzard

    Mebuzzard Grand Pooh-Bah (4,302) May 19, 2005 Colorado
    Pooh-Bah Trader

    Just off the top of y'all's heads, what are some other trademark disputes that you can remember?
    Dry Dock/Seven Seas
    OB/Gordon Biersch?
    Strange/Strange
    Avery/RR
    Bud/Bud
    .....
     
  10. alexipa

    alexipa Initiate (0) Oct 7, 2011 Colorado

    To me the real point here is one brewery tried to strong-arm the other out of something. It doesn't really matter what, it's just really disappointing to see the cut-throat attitude in the beer industry. They really couldn't settle this in some manner face to face that they had to resort to a legal threat? They were obviously just trying to scare Renegade into complying. I have a bias since I like renegade and I hate trademarks of any kind, but I still see this as unnecessarily harsh.
     
  11. weatherdog

    weatherdog Initiate (0) Nov 7, 2007 Illinois

    That is definitely one of the criteria, yes.
     
  12. Hanzo

    Hanzo Initiate (0) Feb 27, 2012 Virginia

    Even if it were too close for Sixpoints liking, they wouldn't have the balls to go after a big boy like Stone.
     
  13. dbrauneis

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

    Not sure that it the issue in this case, just because someone is bigger does not mean you can't go after them for infringement. I see self-righteous and righteous as fairly different trademarks (also, Stone has the trademark for self-righteous).
     
  14. dbrauneis

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

    Not sure that I can agree with you - someone has a trademark protection for their brand, then someone else comes along and uses it (but you think the person that applied for and was granted the protection is the bad guy not the party that either didn't bother to check or just used it anyway).

    So you would be fine with someone starting Mycrosoft or BierAdvocate??

    EDIT: In fact, I remember a threat of litigation for a Mike Rowe Soft which was a software consultant whose name was Mike Rowe - it was judged to be too close and a trademark infringement.
     
  15. Mebuzzard

    Mebuzzard Grand Pooh-Bah (4,302) May 19, 2005 Colorado
    Pooh-Bah Trader

     
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  16. alexipa

    alexipa Initiate (0) Oct 7, 2011 Colorado

    Absolutely, positively, 100% yes. I see no problem with this.

    This is a separate topic though, so I'll just settle on the fact we don't agree. :wink:
     
  17. Hanzo

    Hanzo Initiate (0) Feb 27, 2012 Virginia

    So you are saying Sixpoint would be less worried that Stone has the money to fight against the C&D than Renegade does? I'll be honest, I don't know anything about Renegade other than I know they don't have the pockets or influence Stone does.

    I'm not saying I totally disagree with Sixpoint, one day their beers may cross path and cause some confusion, maybe not on a shelf where you can see the difference, but perhaps on tap somewhere you are told they have Righteous on tap and it comes to you and it is Ryeteous. It's the way they went about it that people are pissed about, if they had said "nah, we really don't want to collaborate and we'd like you to change the name" I think Renegade would have complied, but if they didn't, then send the C&D.
     
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  18. ssteigerwald

    ssteigerwald Initiate (0) Mar 4, 2010 Colorado
    Trader

    All this legal mumbo jumbo. I just want to drink good beer.
     
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  19. Mebuzzard

    Mebuzzard Grand Pooh-Bah (4,302) May 19, 2005 Colorado
    Pooh-Bah Trader

    A brewery "dude" once told me, "brewers are not managers". It's a business and needs business-minded people to run it effectively (and profitably). BUT I would not want that to negatively impact the craft "feel" and community, or the beer. Gonna crack open a BA Rasputin (North Coast, mind you :slight_smile: ) tonight!
     
  20. dbrauneis

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

    Actually, if I was going to go after someone personally for infringement I would pick someone with deep pockets - take a look at the legal battles in the software industry and tell me how often people are suing niche players.
     
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