Sony sues Knee Deep Brewing over "Breaking Bud"

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

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  1. CHL

    CHL Initiate (0) Mar 27, 2009 Illinois

    https://www.hollywoodreporter.com/thr-esq/sony-sues-brewer-breaking-bud-beer-1103620
    Lawsuit seeks an accounting of profit and treble damages for willful trademark infringement. Doesn't seem like they'd have much of a parody defense (which is narrower in trademark than copyright).

    Imagine they settle for undisclosed terms, probably destroying their remaining labels and paying attorneys' fees.
     
  2. reefer_bob

    reefer_bob Savant (1,010) May 13, 2014 California
    Trader

    Seemed like it was just a matter of time...
     
  3. AZBeerDude72

    AZBeerDude72 Initiate (0) Jun 10, 2016 Arizona

    So Sony has rights to the Periodic Table of Elements and anyone wearing a lab coat. LOL I would take them to court and see how it played out.
     
  4. atomicpunk5151

    atomicpunk5151 Maven (1,280) Jul 25, 2010 California
    Trader

    They were probably hoping it would just go away since the show Breaking Bad ended back in 2013. Maybe the re-airing rights are coming up for bidding soon?

    When this KD can design came out, most locals in NORCAL here thought they would get sued right away since it was so blatant and close to the Breaking Bad design. But really, so many beer designs are parodies or spoofs.

    Breaking Bud has probably been Knee Deep's best seller since it came out back in 2014. I am sure they really want to keep the name at least.
     
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  5. Ranbot

    Ranbot Pooh-Bah (2,463) Nov 27, 2006 Pennsylvania
    Pooh-Bah

    There are many other beer names/labels I could say this about too....
     
  6. AZBeerDude72

    AZBeerDude72 Initiate (0) Jun 10, 2016 Arizona

    Maybe Budweiser can jump in and say they cannot use "Bud" in their name. Slippery slope.
    Maybe Stone has a valid point after all, I mean if the big boys can attack over name rights does the smaller guy not have a voice. Interesting.
     
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  7. IPAExpert69

    IPAExpert69 Savant (1,065) Aug 2, 2017 Pennsylvania

    The only reasonable argument is Parody Law. Stone thinks their case is obvious (when it's not), but this one is SOOOO obvious. I love this beer too and hope they somehow pull it off, but I'd put their odds at 0.000001% Sony is not the company to fuck with.
     
  8. ManBearPat

    ManBearPat Pooh-Bah (1,813) Dec 2, 2014 Colorado
    Pooh-Bah

    R. I. P.
     
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  9. keilerdunkel

    keilerdunkel Savant (1,014) Apr 8, 2004 Illinois
    Trader

    I think their odds are better than you give them, but they have an argument ahead of them. It does look like a parody, but....
     
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  10. CHL

    CHL Initiate (0) Mar 27, 2009 Illinois

    So McDonald's has rights to a pair of yellow arcs as a stylized 'm'?

    Answer: yes, they do. I don't recommend taking them to court about it.

    Doesn't even seem close to me; interlocking green boxes with numbers in the corner to evoke periodic table, only one letter difference. Comes down to parody defense.
     
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  11. AZBeerDude72

    AZBeerDude72 Initiate (0) Jun 10, 2016 Arizona

    Will be interesting to see how it plays out. I can see both sides. If they were smart they would alter their cans just a little and move on. I bet they could do a little work on that and then both sides would be happy.
     
  12. BigJim5021

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

    Knee Deep's labels are embarrassingly low-rent looking to begin with and this one is no exception. I don't think it would be the end of the world if they had to come up with a new label.
     
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  13. ManBearPat

    ManBearPat Pooh-Bah (1,813) Dec 2, 2014 Colorado
    Pooh-Bah

    Should be able to keep the name though, right?
     
  14. CHL

    CHL Initiate (0) Mar 27, 2009 Illinois

    Probably depends on how hard ass Sony wants to be in settlement. They could demand more than trademark law requires because of the prospect of back damages in suit.

    That said, if Knee Deep's label showed a monkey hammering a giant hop blossom (or whatever) with "Breaking Bud" in ordinary type, I doubt Sony would have even sent them a letter.
     
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  15. MistaRyte

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

    Change the name to "Breaking Sad" to lament about any infringement Sony might be feeling
     
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  16. Oktoberfiesta

    Oktoberfiesta Initiate (0) Nov 16, 2013 New Mexico

    Around my parts, I saw just about every youth group, balloon group, restaurant, and local sports group use some form of the periodic table box design for their shirts, banners, websites. None seemed to feature br ba in their own green boxes (which is pretty much identical to the show). So I think that's where the main problem lies. Most were able to use other abbreviations for their boxed elements.

    I will say the number of movie puns and music puns and social puns used on beer labels is astonishing. I really wonder how there isn't more lawsuits out there.

    Is there a statue of limitations on filling a lawsuits? Shows been over for 5 years now. They've been making that beer for many years now. Can Sony demand all profits from all years? Seems like one could just wait until a product is popular and then sue
     
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  17. TongoRad

    TongoRad Grand Pooh-Bah (3,884) Jun 3, 2004 New Jersey
    Society Pooh-Bah Trader

    I am genuinely amazed that this isn't happening all over the place. Maybe the brewers have developed a false sense of security about this whole issue at this point.
     
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  18. Oktoberfiesta

    Oktoberfiesta Initiate (0) Nov 16, 2013 New Mexico

    What's the deal with song lyrics being used on cans/bottles? Either lyrics themselves or song titles. 90% of these people call it a tribute to said artist. Some are slightly obscure. Other than sometimes seeing them on Amazon on shirts, beer has not been regulated in any solid manner yet. When will Sony hand out 40-50 lawsuits? Like I don't want it to happen but do feel it's out of hand.
     
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  19. dcotom

    dcotom Grand High Pooh-Bah (6,637) Aug 4, 2014 Iowa
    BA4LYFE Society Pooh-Bah Trader

    OK, here's what Knee Deep should do: with great fanfare, they should announce that they are changing the name of the beer to " 'Sall Good, Man: A Prequel" and festoon the label with a generic image of a sleazebag lawyer holding a fistful of cash and wearing a space blanket.

    All publicity is good publicity, right?
     
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  20. readyski

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

    I wonder if Sony first attemped a phone call whereby both sides could discuss, rather than burst in with both guns blazing:money_mouth:
     
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