Litigation over names isn't always the rule

Discussion in 'Beer Talk' started by otispdriftwood, Apr 17, 2015.

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  1. otispdriftwood

    otispdriftwood Initiate (0) Dec 9, 2011 Colorado

    Today I was looking in the Hudson Valley NY area for Rushing Duck War Elephant on another site. The search found War Elephant from Rushing Duck in Chester, NY and from Columbia River Brewing in Portland, OR. They are both considered/called DIPAs and are very close in ABV [8.7 for Rushing Duck, 8.5 for Columbia River] Granted, these are two new and small breweries but given the similarities between the names and the ABV, it's quite possible these can be mistaken for each other. There have been cases [and threads to match] where there shouldn't be any confusion between breweries since both breweries are not in each others' distribution areas but they still see the need to litigate or at least send a C&D letter. However, this is a case where [at least not yet] these breweries either see that there cannot be any confusion since they are separated by a continent or they are just too frugal and sensible to start any shit. But it does go to show that common sense may have prevailed when considering whether there would be any confusion about which beer is which.
     
    #1 otispdriftwood, Apr 17, 2015
  2. papat444

    papat444 Grand High Pooh-Bah (7,961) Dec 28, 2006 Canada (QC)
    Pooh-Bah

    Well, you may have just brought it to their attention now :wink:

    I'm of the live and let live mentality though i understand that it might be necessary to litigate to prevent abuse. As in everything, it's about balance.
     
    #2 papat444, Apr 17, 2015
  3. Sweatshirt

    Sweatshirt Initiate (0) Jan 27, 2014 New Hampshire

    New small breweries being sue happy would be financially idiotic. Lawsuits go hand and hand with businiess as things get bigger and more profitable. This is going to happen more and more as craft continues to grow. I work in an area where my company is, at all times, being sued and/or sueing over naming or processes. It's the business world. Getting used to it and not stressing over it makes the transition easier.
     
    #3 Sweatshirt, Apr 17, 2015
  4. zid

    zid Grand Pooh-Bah (3,132) Feb 15, 2010 New York
    BA4LYFE Society Pooh-Bah Trader

    I have noticed this frequently, including War Elephant. The Rushing Duck beer is great BTW.
     
    #4 zid, Apr 17, 2015
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  5. Alphateam

    Alphateam Initiate (0) Mar 5, 2013 Michigan

    #5 Alphateam, Apr 17, 2015
    Last edited: Apr 17, 2015
  6. SammyJaxxxx

    SammyJaxxxx Initiate (0) Feb 23, 2012 New Jersey

    Can be the first to say:
    ISO: War Elephant
    FT:War Elephant

    Rushing Duck's is fantastic
     
    #6 SammyJaxxxx, Apr 18, 2015
  7. offthelevel_bytheplumb

    offthelevel_bytheplumb Maven (1,277) Aug 19, 2013 Illinois

    Is there a trademark on the name by either one of those breweries?
     
    #7 offthelevel_bytheplumb, Apr 18, 2015
    jesskidden likes this.
  8. Oktoberfiesta

    Oktoberfiesta Initiate (0) Nov 16, 2013 New Mexico

    I won't name names (i've already done that in other threads). But locally, a brewery decided to start canning a product that had a trademark with a large craft brewery. Not sure what you call it, but I believe they forfeited the rights to the trademark to give way for the new guys to can their product without any interruption... It helps the larger craft brewery was no longer making the beer. But they easily could have held onto the marks in their stable for future uses.

    That sort of stuff isn't newsworthy I suppose.
     
    #8 Oktoberfiesta, Apr 19, 2015
  9. drtth

    drtth Initiate (0) Nov 25, 2007 Pennsylvania
    In Memoriam

    Exactly. How can folks hate on big guys if both breweries are small, or come to a private agreement on a solution, or if the big guy gives away their property to let the small brewery use it?
     
    #9 drtth, Apr 19, 2015
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