News Minneapolis' Modist Brewery receives medieval-style cease-and-desist order from AB InBev

Discussion in 'Beer News & Releases' started by MNAle, Dec 2, 2017.

  1. MNAle

    MNAle Champion (897) Sep 6, 2011 Minnesota

  2. drtth

    drtth Poo-Bah (3,341) Nov 25, 2007 Pennsylvania

    Doesn't even sound like a real C&D yet, just a warning that a C&D could be next. (Much the way more than one large craft brewery has handled trademark infringements.)

    I agree with the brewer who said, “They did it in a funny way and protected their mark. I thought it was a really cool way of handling it.”

    Hardly fits the "big bad bully" image and accomplishes what trademark requires, a level of defense of the trademark. (Especially when they throw in the two superbowl tickets.)
  3. JohnnyChicago

    JohnnyChicago Crusader (786) Sep 3, 2010 Illinois

    Should have been a Sorachi Aci DIPA. :wink:

    But seriously, AB is definitely in the right here and good on them for not being dicks about and delivering one of the best beer C&Ds I’ve seen. Seriously, “Dilly, dilly!” Is the best thing that company has come up with since Demon’s Hop Yard.
  4. MostlyNorwegian

    MostlyNorwegian Zealot (542) Feb 5, 2013 Illinois

    Disobedience shall be met with additional scrolls.
    Well played.
  5. beergoot

    beergoot Poo-Bah (3,499) Oct 11, 2010 Colorado
    Premium Member Beer Trader

    Well done by all parties involved...
  6. MikeP64

    MikeP64 Aspirant (220) Jan 24, 2015 South Carolina

    Hear Ye Hear Ye...I want that job....
    mikeinportc likes this.
  7. jvgoor3786

    jvgoor3786 Meyvn (1,454) May 28, 2015 Arkansas
    Premium Member Beer Trader

    Very well done. Throwing in Super Bowl tickets was a nice touch.
    mikeinportc, Norica and JackHorzempa like this.
  8. ovaltine

    ovaltine Poo-Bah (1,909) Apr 6, 2010 Indiana
    Premium Member Beer Trader

    mikeinportc and VABA like this.
  9. dennis3951

    dennis3951 Champion (816) Mar 6, 2008 New Jersey
    Beer Trader

    Modist should brew the but change the name to Yllid Yllid if for no other reason to keep the fun going!
  10. Nuts4Barrel-aged

    Nuts4Barrel-aged Initiate (137) Dec 14, 2016 Minnesota
    Beer Trader

    I am pretty sure Modist knew what they were doing when they threw this name on the beer and created a graphic that directly copies the style of the bud light logo. I believe they were expecting that C and D sooner than later. I thought it was a little jab at AB from the craft beer world. In the end, AB looks pretty cool and everyone is talking about Modist/Bud Light.
  11. JackHorzempa

    JackHorzempa Poo-Bah (3,396) Dec 15, 2005 Pennsylvania
    Premium Member

    I found the video to be amusing.

    A question for those of you familiar with Trademark law: can words be trademarked?

    According to the word dilly means “something or someone regarded as remarkable, unusual, etc.”

    Does simply using the word twice (i.e., dilly dilly) make it such that you can trademark it?



    P.S. If I were Modist Brewery I would agree to the AB request just for the two Super Bowl tickets but that is because I would really like to attend the Super Bowl.:slight_smile:
  12. AngryDutchman

    AngryDutchman Aspirant (271) Aug 8, 2015 Pennsylvania

    How about "Silly Dilly Buzzkilly"?
  13. AngryDutchman

    AngryDutchman Aspirant (271) Aug 8, 2015 Pennsylvania

    Yllid Yllid Dub Tghil
    mikeinportc and cjgiant like this.
  14. keilerdunkel

    keilerdunkel Initiate (182) Apr 8, 2004 Illinois

    Short answer- yes particularly when you can convince the examiner that it is distinctive. Here is a link to a presentation from the USPTO on registering and protecting your trademarks:

    Ask and ye shall receive - more than you ever wanted to know...

    It looks like someone in their legal department has been following some recent interactions with more friendly ways to provide notice before sending a c&d and spoke to marketing... this was cool.
    mikeinportc, cjgiant and drtth like this.
  15. Ridgewalker_1999

    Ridgewalker_1999 Initiate (134) Nov 3, 2016 Tennessee
    Beer Trader

    Think every micro brewery should name a beer Dilly Dilly, maybe they will each get tickets to the game.
  16. bmony26

    bmony26 Initiate (183) May 2, 2012 Wisconsin
    Beer Trader

    So they new Dilly, Dilly was trademarked and used the name anyways....that is a dick move. I actually give In-Bev credit for how they handled this.
    mikeinportc likes this.
  17. Todd

    Todd Founder (5,458) Aug 23, 1996 California

    The article assumes that it was AB InBev, but neither the herald or reporter confirm this. Modist only alludes to it.

    And did anyone else catch the guy with the camera who was prepared for his entrance, not to mention the person taking the video who just happened to be facing the right way and recording at the time.

    This was nothing more than a staged event to generate publicity. And it worked.
  18. WIexile

    WIexile Initiate (132) Jul 20, 2017 Michigan

    Well that gave me a good laugh, and could care less if its staged.

    Anyone know how the beer was? It sounds pretty damn good. "Releasing tomorrow at noon is a our dilly of a Mosaic Double IPA. Made from oats and floor malted barley and ridiculously hopped with 3 forms of mosaic: pellets, oil, and powder. "
  19. Haybeerman

    Haybeerman Poo-Bah (2,302) May 21, 2008 Colorado
    Premium Member Beer Trader

    Like Take Craft Back, demonstrates just how gullible most of the public is - we’ll believe anything...especially if it fits a pre-existing bias. I figured it was staged (absolutely nothing spontaneous about any of it) by Modist for their own monetary benefit or by AB/InBev to get some good press in front of a group that overtly disagrees with their business practices.
    mikeinportc and TheCrimsonKing like this.
  20. MNAle

    MNAle Champion (897) Sep 6, 2011 Minnesota

    I don't know why this is even a point that needs to be made. OF COURSE it was staged! Jeez... That was blatantly obvious from the beginning.

    The real question was... was ABInbev involved or was this entirely a publicity stunt by Modist?

    Are lawyers ever "in the tank" on publicity stunts? Why do I ask that? Well, there is this:

    So, either their lawyer was in on the scam, or this actually involved ABInbev.
  21. Todd

    Todd Founder (5,458) Aug 23, 1996 California

    Um...because of the same people who thought that Take Craft Beer Back was real. :laughing:
    Boldbrew, mikeinportc and Haybeerman like this.
  22. WIexile

    WIexile Initiate (132) Jul 20, 2017 Michigan

    Well said.
  23. Zorro

    Zorro Poo-Bah (4,222) Dec 25, 2003 California

    mikeinportc likes this.
  24. KindaFondaGoozah

    KindaFondaGoozah Aspirant (292) Jan 1, 2013 Wisconsin

    How about a vote for Dilly McDillyface in keeping with current trends?

    Surprisingly enough, there are probably all sorts of fun people working at AB-InBev. At least when they're not hiding under craft beer enthusiasts' beds and in their closets.

    Takes a whole lot of working stiffs to support a faceless monolith.
  25. drtth

    drtth Poo-Bah (3,341) Nov 25, 2007 Pennsylvania

    No copyright involved, and their Trademark applies to ice cream amd ice cream sales. So it does not extend to cover beer or advertising beer. If it did Bud wouldn’t have been granted their trademarked phrase in the first place.
  26. KiddVideo

    KiddVideo Initiate (165) Jun 19, 2015 Minnesota

    If DQ wanted to fight this they would likely win.
  27. drtth

    drtth Poo-Bah (3,341) Nov 25, 2007 Pennsylvania

    Actually I disagree. They would likely lose because trademarks apply in context to a limited range of products, etc. So I think they'd have a very difficult time convincing a judge that there was any possible confusion for consumers between their ice cream bar and either a beer and/or beer advertising using the phrase "dilly dilly."

    Now if some other ice cream producer came along and used the "Dilly Dilly Bar" I agree they'd stand a good chance of winning.
    #27 drtth, Dec 7, 2017
    Last edited: Dec 7, 2017
  28. Hat_Fulla_Beer

    Hat_Fulla_Beer Zealot (506) Dec 14, 2015 Alberta (Canada)

    I'm glad they've finally found an outlet for their creativity.