Separate names with a comma.
Discussion in 'Beer News & Releases' started by MNAle, Dec 2, 2017.
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.)
Should have been a Sorachi Aci DIPA.
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.
Disobedience shall be met with additional scrolls.
Well done by all parties involved...
Hear Ye Hear Ye...I want that job....
Very well done. Throwing in Super Bowl tickets was a nice touch.
Okay, that's pretty cool.
Modist should brew the but change the name to Yllid Yllid if for no other reason to keep the fun going!
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.
I found the video to be amusing.
A question for those of you familiar with Trademark law: can words be trademarked?
According to dictionary.com 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.
How about "Silly Dilly Buzzkilly"?
Yllid Yllid Dub Tghil
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.
Think every micro brewery should name a beer Dilly Dilly, maybe they will each get tickets to the game.
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.
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.
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. "
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.
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.
Um...because of the same people who thought that Take Craft Beer Back was real.
Dairy Queen has sold DILLY BARS forever. Think they have the copyright and prior art!
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.
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.
If DQ wanted to fight this they would likely win.
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.
I'm glad they've finally found an outlet for their creativity.