News Cerveceria Costa Rica (Magic Hat) Suing West Sixth Brewing

Discussion in 'Beer News & Releases' started by Nutwood, May 21, 2013.

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  1. Brad007

    Brad007 Poo-Bah (3,370) Mar 28, 2007 Vermont

    If West 6th blows up into a brewery the size of Magic Hat, I highly doubt that you'll be using this tone.

    Again, if you think it's ridiculous, see Monster Energy/Hansens vs Rock Art. I guarantee that you'll shit your pants over the ridiculousness of that one.
  2. Brad007

    Brad007 Poo-Bah (3,370) Mar 28, 2007 Vermont

    Have you even had Magic Hat or are you letting the homerism take over the logic part of your brain?

    There's an old saying about Kentucky where everything is at least 10 years behind the norm. Seems that way with craft beer too, no?
  3. bobhits

    bobhits Meyvn (1,165) Oct 31, 2006 Kentucky

    Why would I say their beer is awful is I had not had it? Heck, I've had far more Magic Hat than West Six.

    You know...nobody says anything about Vermont. Is it even a real state? See I can post stupid comments for no reason too.

    What does the size of brewery have to do with anything? And I find most of these trade mark cases to be silly we happen to be commenting on one between West Six and some Costa Rica holding company.
    Nutwood likes this.
  4. bobhits

    bobhits Meyvn (1,165) Oct 31, 2006 Kentucky

    Umm no....I don't see these two as being similar. The colors are still not the same. They both are terrible looking if thats what you mean.
  5. SeanfromShorts

    SeanfromShorts Aspirant (286) Feb 9, 2009 Michigan

    Nice work. Now all you need to do is take out the Shock Top.
  6. semibaked

    semibaked Zealot (567) Mar 27, 2007 Illinois

    and the Laughing Skull, horrible beer.
  7. rlcoffey

    rlcoffey Initiate (0) Apr 20, 2004 Kentucky

    If there is no violation, no change is reasonable.
  8. rlcoffey

    rlcoffey Initiate (0) Apr 20, 2004 Kentucky

    They sold 1900+ bbls last year in their first year of operation.

    Thats a lot of nobodies.
    beerindex likes this.
  9. rlcoffey

    rlcoffey Initiate (0) Apr 20, 2004 Kentucky

    In the last year I have purchased West Sixth IPA twice on tap. I have purchased one 6-pack of their IPA. I have been to their tap room zero times (Ive only been in Lexington once in the last year and went to Country Boy instead).

    Of Lexington breweries who opened in 2012, I have had far more Country Boy than West Sixth.

    Weird that that makes me a "fanboy". Im more of an anti-IP lawsuit fanboy. :slight_smile: It has to reach egregious levels before I support an IP lawsuit, and this isnt that.
  10. JohnSnowNW

    JohnSnowNW Defender (609) Feb 6, 2013 Minnesota
    Beer Trader

    Just because there are more ridiculous examples of our broken trademark/copyright system, doesn't mean this example is justified.
  11. rlcoffey

    rlcoffey Initiate (0) Apr 20, 2004 Kentucky

    I thought that was obvious. No one would buy West 6th thinking it is Magic Hat #9, due to the difference in numbers, however, the argument is they could be confused into thinking it is another Magic Hat beer. Which implies that they know how breweries work and that they make multiple beers. So I picked a "random" (only one I could remember) additional Magic Hat beer to throw into the mix. And what it shows is that there is a common design element across Magic Hat beers that anyone familiar with TWO Magic Hat beers would immediately recognize: the psychedelic, swirly style. Thus, to think that West 6th is a Magic Hat beer you would have to ignore the prominent design element of Magic Hat logos (and not read the can with the big WEST SIXTH on it).

    See above. To think its from the same brewery, you would have to ignore the common element that ties Magic Hat beers together. And not read the can.
  12. rlcoffey

    rlcoffey Initiate (0) Apr 20, 2004 Kentucky

    As an example, look at the Strange Brew/Strange Brewing thread.

    I came down on the side of the Colorado brewery, although that one is very borderline, and much, much, much more likely to cause confusion that W6/MH.

    Heck, I think Idiot v Idiot Sauvin is much closer than the W6/MH case, and that was fucking stupid too. No one would confuse those two either.
  13. woosterbill

    woosterbill Poo-Bah (2,616) Apr 6, 2009 Kentucky
    Beer Trader

    So you admit that you have a personal bias that makes your assessment of the issue inherently slanted. Cool.

    I'm glad you finally admitted that you are arguing based on preconceptions instead of impartial consideration of the facts, as I can now feel that I no longer need to give you the courtesy I would accord an opponent in an honest debate. Therefore, just shut up already.

  14. rlcoffey

    rlcoffey Initiate (0) Apr 20, 2004 Kentucky

    No one in the history of the universe has ever been impartial. If they claimed they were, they are lying.

    I showed the logos around a Memorial Day party today to people who hadnt heard of the situation at all and none thought they were confusing. One, a CPA, got irate that the lawsuit was even allowed to be filed. Even I was arguing the other side that the lawsuit has enough merit to proceed. :slight_smile:

    I would love to see West 6th win on summary judgement, but I doubt that is going to happen.
  15. creal92

    creal92 Initiate (0) Feb 24, 2013 Kentucky

    You know, there's an old saying about Vermont that everyone from there is a dumbass. Looks like you fit the bill perfectly!
    jman005 likes this.
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