Craft beer and trademark theft.

Discussion in 'Beer Talk' started by Coronaeus, Apr 1, 2022.

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  1. jesskidden

    jesskidden Grand Pooh-Bah (3,145) Aug 10, 2005 New Jersey
    Society Pooh-Bah Trader

    Beer labels do need TTB label certification but it's not specifically (see underlined exception) for trademark protection.
    Likewise, the U.S. Patent and Trademark Office says they do not enforce the use of trademarks:
     
    #41 jesskidden, Apr 9, 2022
    Last edited: Apr 9, 2022
  2. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    You should shoot a promotional video for this release:

    [​IMG]
     
  3. Mindcrime1000

    Mindcrime1000 Pooh-Bah (1,815) Apr 30, 2016 South Dakota
    Pooh-Bah Trader

    Good point. I tell people all of the time that trademark law remains sort of "all over the place" despite the feds getting involved back in the 1940's.
     
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  4. Mindcrime1000

    Mindcrime1000 Pooh-Bah (1,815) Apr 30, 2016 South Dakota
    Pooh-Bah Trader

    And thanks for the well-wishes. Thanks also for posting so many SD brews to BA!
     
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  5. Rug

    Rug Grand Pooh-Bah (3,454) Aug 20, 2018 Massachusetts
    Pooh-Bah Trader

    So close, but I don't see the dinosaur being pegged
     
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  6. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    @Leighton_ will do a more complete job with his video. :wink:

    Cheers!
     
    Rug likes this.
  7. Giantspace

    Giantspace Grand Pooh-Bah (3,043) Dec 22, 2011 Pennsylvania
    Pooh-Bah

    Well, that beer is a play on the Simpsons

    Enjoy

    [​IMG]
     
    #47 Giantspace, Apr 11, 2022
    Last edited: Apr 11, 2022
  8. Leighton_

    Leighton_ Initiate (194) Jan 31, 2021 Minnesota
    Trader

    Don't threaten me with a good time
     
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  9. rgordon

    rgordon Pooh-Bah (2,701) Apr 26, 2012 North Carolina
    Pooh-Bah

    God bless Prairie Home Companion. What great free subtle humor and entertainment for decades. I use Pick Up and Drop Off for my legal concerns. Russian, but OK.
     
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  10. jesskidden

    jesskidden Grand Pooh-Bah (3,145) Aug 10, 2005 New Jersey
    Society Pooh-Bah Trader

    Perhaps you're thinking of another NPR show, Car Talk, but the name of law firm itself dates back to another pair of brothers - to Moe, Larry (not a relative) & Curly and likely even further.
     
  11. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    It was mentioned above but my 'inspiration' was:

    [​IMG]

    Cheers!
     
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  12. AlcahueteJ

    AlcahueteJ Grand Pooh-Bah (3,242) Dec 4, 2004 Massachusetts
    Society Pooh-Bah

    If it involves pegging probably should be a pirate themed brewery, no?
     
  13. Dan_K

    Dan_K Pooh-Bah (1,980) Nov 8, 2013 Colorado
    Pooh-Bah Trader

    I can tell you EXACTLY why it's so rampant.

    1) It's easier to riff off a design than create a new one
    2) You are leaning on sometimes millions or billions of dollars spent advertising that other brand. You gain name recognition and/or nostalgia.
    3) Breweries are often not punished much or at all
    and the big one
    4) It can go viral / sell lots of beer

    Why do you think breweries are so keen to put candy or breakfast cereal in their beers? See above. They can also add artificial colors and flavors in a guilt-free way.
     
  14. rgordon

    rgordon Pooh-Bah (2,701) Apr 26, 2012 North Carolina
    Pooh-Bah

    Yep. The Magliozzi brothers from Boston. My bad.......At least I was on the correct station.
     
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  15. rgordon

    rgordon Pooh-Bah (2,701) Apr 26, 2012 North Carolina
    Pooh-Bah

    It was the Magliozzi brothers from Boston. I was all conflated!
     
  16. ChicagoJ

    ChicagoJ Grand Pooh-Bah (5,247) Feb 2, 2015 Illinois
    BA4LYFE Society Pooh-Bah Trader

    The President and CEO of the Brewers Association supports trademark infringement, especially if the brewery is pimping the BA's "Independent" kickback logo on the label.

    https://www.goodbeerhunting.com/sig...ar-gets-shoutout-from-brewers-association-ceo

    https://twitter.com/BobPease/status/1102594557336727557
     
  17. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    The Good Beer Hunting article is from 2019. I took note of:

    "These kinds of decisions may also go against the Brewers Association’s Marketing and Advertising Code, which doesn’t directly address issues of trademark or copyright infringement, but does say that marketing by members “should be representative of the values, ideals and integrity of a diverse culture and free of any derogatory or discriminatory messages or imagery.”

    I wonder why they don't update the code to explicitly address trademark and copyright infringement?

    Cheers!
     
    ChicagoJ likes this.
  18. rgordon

    rgordon Pooh-Bah (2,701) Apr 26, 2012 North Carolina
    Pooh-Bah

    Ambition and greed generally outlast merit.
     
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  19. Dan_K

    Dan_K Pooh-Bah (1,980) Nov 8, 2013 Colorado
    Pooh-Bah Trader

    I feel like greed can be a bit overstated in this case. Many breweries aren't raking in piles of cash, merely trying to survive. They probably do it because they think it's funny and will be effective marketing.
     
  20. Dan_K

    Dan_K Pooh-Bah (1,980) Nov 8, 2013 Colorado
    Pooh-Bah Trader

    Probably because many of their paying members are guilty of it to some degree.
     
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