Strange Brewing Company faces a trademark threat from a Massachusetts homebrew shop

This isn't the first thread to put this sort of thing up front and personal. Patent & trademark law has its own set of rules. What seems ridiculous to us is commonplace in this field. Distance from each other doesn't necessarily make a big difference since either company has the capability to expand all over the country.

 

I think that Bob and Doug McKenzie along with Elsinore Brewery and the band Cream should sue both parties.

 

I gotta say, whenever I hear the ads on local sports radio for Strange Brewing in downtown Denver, I get confused as hell and wonder why the eff a homebrew shop in Marlboro, Mass would want to advertise in Colorado. I mean, shit, we've got a ton of homebrew shops here already. Why the fuck do I want to drive all the way to Massachusetts to get some yeast?

 

Oooh! A lawyer letter. (Oh no!)

Good luck with those damages over time spent sorting out invoices.

 

If a small but devastating, life-taking grain dust explosion took place inside that homebrew shop while their lawyer was present, I would be instantly ISO: Strange Brewing Co. to celebrate. Not to take sides or anything.

I especially enjoyed the citation of "Collaboration not Litigation" which seemed entirely lost on the homebrew shop.

 

I live in Boston and went to the newly opened brewery in Denver last year. I know of the homebrew in Marlboro too. Didn't think of anything since both companies are thousands of miles apart, don't distribute to either state, and offer different products for sales. Many breweries share the same names for particular styles, but only a few have gone to a law suit. Old Rasputin and Old Disputin always come to mind.

 

Oh wonderful, now I have to be confused again. I worry every time I get Vermonster that I am buying an energy fruit punch, and now I have to worry if I buy a bottle of Strange Brewing I will be getting a kit for making homebrew.

I know all trademark infringements need to be pursued no matter how ridiculous yadda yadda but geepers lawyers suck.

 

I've been involved in a fair amount of trademark issues and it looks like the home brew shop has the legal upper hand. Trademarks are enforced nationally and his was clearly established when the brewery decided to use the name in a very similar area. Whether he wants to be a d bag and pursue it over a business thousands of miles away is another question. It seems paranoid to me.

 

To me, it sounds like the homebrew joint is just trying to cash in on the success/attention that Strange Brewing Co. has been getting.

The guy is a douche in my books

(and i love how he is using a Denver lawyer)

 

Its really an unfortunate situation and both sides have valid points. These trademarks are very expensive so I can understand wanting to protect your investment. It serves as a good lesson though when coming up with your name you have to make more of an effort to realize the name has been taken. We don't know the whole story what if the homebrew shop was created as a preliminary step to get involved in the beer business and then expand into a brew pub or brewery. I don't think the owner of the shop is trying to profit to much because of the success of the brewery but to prevent search results burying homebrew supply links further down.

 

I know of two homebrew shops along the Front Range that have attached breweries - both breweries have different names (Equinox/Hops and Berries and Dry Dock/Brew Hut). I'm curious if trademarking a name reserves it for other uses.

If either of these places had names that were unique and not from a Bob and Doug movie I might be able to empathize with the MA shop. If you Google "Strange Brew" you get a lot of businesses (aside from movie stuff), including a bar and a brew club. As it is, this homebrew shop owner and his lawyer are acting like complete hypocrites. Those letters from them are nasty too. They could just say "no", they don't have to say that they're "offended" by the offer to keep it out of court.

I hope Strange Brewing Co. keeps its name. If this does go to court and they have to pay their own attorney, I hope they have a litigation fundraiser - I'm sure their supporters would band together and chip in. There's already a Facebook page to "Keep Strange Brewing Strange."

 

They should brew a Litigation Ale, and over boil the hops to symbolize how bitter the other people are. And instead of putting the money in the register, just put it in a can labelled "Lawyer funds." I would contribute to that.

 

If the homebrew shop started to get emails from homebrewers from across the country telling them to back off or I will never shop from your website etc, they might get the picture. Hmmm... anyone know how to contact a bunch of homebrewers?

 

Amazing...North Carolina had Carolina Brewing Co, Carolina Brewery and Carolina Beer Co (erstwhile Cottonwood brewers) at the same time, still have the former two. And yet, none of this panty-wadding, trademark infringing, lawyer sic'ing BS. To tell you the truth, there are times I *still* get confused which is which, and I have lived in this area longer than either of them have been open. Does it really matter? Not so much...

 

This demand is the trademark equivalent of patent trolling, IMO.

From what I have read, the shop in MA has a decent legal basis to bring a lawsuit, i.e., registration of the mark, which provides national protection. However, the ethics of making the shop's demand are questionable, and I sense a shakedown, not a legitimate concern over the shop's reputation and trademark.

PS-Not all lawyers are scumbags...the fact that the shop in MA is using a lawyer from CO (and from a reputable firm in Denver) suggests that this demand was not the lawyer's idea.

 

They have to defend their name, Strange Brew is a good shop with good people

 

Actually, it's more the other way around. Strange Brew HBS has been in business over 15 years at this point. They have had a web presence and online ordering for at least 10 of them.
I'm not saying that Strange Brewing (CO) is trying to cash in on the success - more likely they're just another pair of Deadheads that wanted to open a brewery. (and yes, it is a cool name for a beer - related company.

Could this have been handled better? Sure, but Strange BRew (MA) does have a trademark and does need to defend it. Likely they hadn't heard of Strange Brewing (CO) until just recently - GABF medals or not.
I read down the list and see breweries I've never heard of before. I read this years and last years and didn;t even notice Strange Brewing (CO) on the list of winners.
As far as lawyers? Maybe his local one contacted someone there to send the letter, or Strange Brew (MA) contacted a CO one for the issue. We have no way of knowing.

Oh, yeah, and apparantly Strange Brewing (CO) has admitted they knew about Strange Brew (MA) when they were opening the brewery, and disregarded it.

 

Agree with the second part, as I used to go there a fair bit when I was (rather unsuccessfully) attempting to homebrew. Seemed like a chill, friendly guy.

But disagree that they "have to" defend their name. Sure, both businesses are beer-related, but as has been noted, they're on opposite sides of the country, and I find it hard to believe the names would cause confusion.

Also as noted, there would seem to be a bunch of better ways to handle this. Collaboration not Litigation being mentioned, and that's a great idea.

The lawsuit threat seems overkill. And I know it's likely the lawyer writing the letters, but to claim to be "offended" by the offer to collaborate? Wow.

 

The homebrewing shop in MA owns the federal trademark, the brewery in CO does not. The brewery has to change their name. Sounds pretty open and shut to me. Next time you start a business make sure you secure the federal trademark first.