Beer Smack #78

Talk Discussion in 'BeerAdvocate Talk' started by AndyAvalanche, Jul 9, 2013.

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  1. AndyAvalanche

    AndyAvalanche Maven (1,404) Jun 16, 2008 Massachusetts
    Trader

    So I finally had a day off since the most recent BA magazine came in the mail. I had only quickly thumbed through it without really reading anything until today. I don't have the best attention span on my own time, so Beer Smack is usually one of the first things I read. I don't always agree with what the Bros. write, but will usually understand their point and appreciate the angle they are coming from.

    Today while sitting on my reading chair ( I think you know what I mean) I read Beer Smack it and couldn't agree more! For the Consumers: "Mind your own business when it comes to matters that in no way involve you." and to the media: "A request to stop use or a formal cease-and-desist letter isn't news. If you think it is, find a new hobby or day job." Both statements made me want to stand up and cheer (I didn't though because that'd be really weird), but I just laughed out loud. As an avid follower of the news, I can't help but roll my eyes with whatever I watch, read, ect. Really great quick read. I appreciate the Bros. straight to the point, no nonsense take on this, good approach.
     
    #1 AndyAvalanche, Jul 9, 2013
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  2. AndyAvalanche

    AndyAvalanche Maven (1,404) Jun 16, 2008 Massachusetts
    Trader

    *Irony is delicious?

    1) Could be, I don't remember specifically, but I believe you. I'm pretty selective on what I read on BA, however when I feel like checking the news I usually go to something else other than BA. As much as I enjoy the site, I don't really consider it a media source.
    2) It's a bit more than just telling consumers to mind their own business, it specifies "to matters that in no way involve" the consumer. Yes, businesses absolutely can not survive without the consumer, but not everything involves the consumer. For example, Sam Adams is often picked on here a fair amount. One of the common issues is people say they don't like how some of their beer tastes for whatever reason. That would be something that seriously effects the consumer and consumer involvement should be expected. Now the instance with Sam Adams and San Tan regarding the trademark of the "Perfect Pint Glass" is an issue that doesn't involve the consumer. It's something that is between the 2 breweries (or really the breweries' lawyers). Sure the consumer can have an opinion on the topic, but no matter what it is, the opinion has zero effect. I think the "mind your own business" suggestion was directed more at situations like that.
     
    #2 AndyAvalanche, Jul 9, 2013
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  3. Todd

    Todd Founder (13,518) Aug 23, 1996 Finland
    STAFF Mod Team Society Pooh-Bah

    In BA mag? You definitely have, here and there over the years, but not within the context of our Beer Smack which targeted a very specific situation regarding trademark disputes. We would never merely regurgitate a one-sided press release in the mag and wrap it with an opinion to sway the reader. We'd present both sides and/or an update on the final outcome for issues that have surpassed a simple a C&D/letter. This is called reporting the news vs. attempting to make something news.

    On the website? Yes; as posted by our users, who typically reference other sources/repost a press release; the act of which doesn't break any site rules and any opinions are their own.
    Personally, I fold or hang immediately out of the dryer to avoid having to iron my clothes before eating them.
     
    #3 Todd, Jul 10, 2013
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  4. Todd

    Todd Founder (13,518) Aug 23, 1996 Finland
    STAFF Mod Team Society Pooh-Bah

    You're stretching things and pulling them out of context to make your argument.

    The simple act of sending or receiving a C&D/letter shouldn't involve the consumer; the act of which is often used unfairly.
     
    #4 Todd, Jul 10, 2013
  5. AndyAvalanche

    AndyAvalanche Maven (1,404) Jun 16, 2008 Massachusetts
    Trader

    Well the first part was already covered so I'll just cover my zero percent comment, and I still stand by it. I'll clarify by saying consumer has zero effect on whatever the outcome (in these trademark cases) would be. Like I said before it's between the legal teams of the breweries and whoever winds up winning will be decided by the evidence presented, facts, and probably some technicalities and consumer opinion won't have an impact on the legal outcome. Also, you can disagree with me, but I don't see an effort to police it at all. The Beer Smack article even says "Here's some advice for everyone from two brothers who've had to deal with the online hoopla and protect their trademarks over the years." Then has something for not only consumers and media, but brewers as well. Yes they can police BA online because they have"editorial jurisdiction" here, but outside of that like they say, it's just some suggestions, they can't force anybody to do anything outside of this website. If anything it's kind of like big brother advice (no pun intended).
     
    #5 AndyAvalanche, Jul 10, 2013
  6. southdenverhoo

    southdenverhoo Pooh-Bah (1,567) Aug 13, 2004 Colorado
    Pooh-Bah

    I guess if it's OK with everybody I'll decide what are and are not "matters which in no way concern me" when it comes to whose beer I will "consume". (I like to drink it myself). Sometimes how a brewery or homebrew shop conducts itself in litigation will be of concern to little old me, confused and stupid as that may seem to someone who has made a different choice as to what matters concern him or her.
     
    #6 southdenverhoo, Jul 10, 2013
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  7. Todd

    Todd Founder (13,518) Aug 23, 1996 Finland
    STAFF Mod Team Society Pooh-Bah

    Please see our advice to businesses; in the same Beer Smack. If they followed it, little old you wouldn't even know about it; as it would be handled professionally vs. rabble-rousing consumers, or not happen at all.
     
    #7 Todd, Jul 10, 2013
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  8. southdenverhoo

    southdenverhoo Pooh-Bah (1,567) Aug 13, 2004 Colorado
    Pooh-Bah

    I am a subscriber, just got the issue yesterday, and read Beer Smack first as I always do. So I did read, and think I comprehended, your advice to media, breweries, and consumers.

    Two of the recent contretemps have arisen in my back yard (Strange Brew vs. Strange Brewing and Sixpoint Brewery vs Renegade) were indeed reported at the C&D levels by both the Denver Post (published by MediaNews Group, 56 daily newspapers in 12 states) and Westword (Village Voice Media, publishers of 11 alternative weeklies across the country including the iconic Village Voice). The reporters in question may have hobbies but their day jobs are reporting on the craft beer industry, and what they write goes through an editor who also has a day job--determining every day (in the Post) or every week (in Westword): "what is news?"

    Both Renegade and Strange have undeniably reaped PR benefits, in their relevant market, through their handling of the issues, which involved pretty much doing the opposite of your advice. (although "rabble rousing" may overstate what they did; that phrase may be a more apt description of the 6th Street's handling of the 6th Street/Magic Hat imbroglio, not in my back yard, and about whose effect on either brand going forward which I know much less.) "Handling professionally" might include, upon reasoned consideration on a case-by-case basis, with lawyers and brand management and PR consultants, surrendering on the legal issue, while milking every drop of the available PR bump, out of the david-v-goliath aspects of the story.

    I guess all I'm saying is, though, that there are certainly reasonable alternative viewpoints on the issues on which Beer Smack opined with such absolutism.
     
    #8 southdenverhoo, Jul 10, 2013
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  9. domnalbrecc

    domnalbrecc Zealot (574) Jan 31, 2012 Pennsylvania

    I think the legal wranglings and such will increasingly involve the consumer in coming months and years...regardless of the industry. The American consumer is becoming increasingly conscious of what goes on within an industry. And they are increasingly demanding accountability from businesses for the way they do business. An overly litigious individual is written off as a crackpot; but an overly litigious business runs the risk of being written off as all bluster with little substance. And the legal process has been used in the past to eliminate competition (Edison and Tesla springs to mind).
    I don't really have an incredibly articulate opinion on this at this point...but I do see these types of trademark disputes becoming more and more common, and being used as even greater leverage or publicity tools in the future.
     
    #9 domnalbrecc, Jul 10, 2013
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  10. Todd

    Todd Founder (13,518) Aug 23, 1996 Finland
    STAFF Mod Team Society Pooh-Bah

    Of course. Beer Smack is nothing more than our opinion, which we've never claimed is absolute.
     
    #10 Todd, Jul 10, 2013
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