Just saw a tweet from wachusett brewing and they have a new beer called "Indian Summer". It's strange as cold harbor brewing flagship is also called Indian Summer". Seems like a dick move especially with two brewers in the same area.
Not everyone does due diligence when naming a beer or a brewery. Indian summer is also an actual thing so parallel thinking becomes even more likely. There are well over 20 beers named Indian summer through a quick search on untappd. Without a trademark nothing anyone can do anyhow. Be more original is the take home here.
@ sweatshirt. you're probably right, similar lines of thought led to the same name of a beer. Be more creative and no trademark, tough bananas. I just thought two brewers in the same region would know what the other is making and would make an effort to not have similar/exact beer names. A large brewery adopting the name of a beer from a much smaller brewery in the same area seems like a move someone would make to try and take business from the smaller guy. I kinda see it as a similar situation if Jacks Abby started making an IPA called Cat's Meow.
It's very possible the brass at wachusett don't even know who cold harbor is. Asking CH has no trademark on the name so why should they care? There are so many beers named the same I'm surprised there isn't more litigation. Many small local breweries everyone loves shouldn't have named beers as they have. They have just been lucky to this point.
Is either brewery distributing their Indian Summer beer? If not, theres not really any overlap in competition between the two beers. No ones going to go to Wachussett and order an Indian Summer and assume its the Cold Harbor beer. Its more of a problem if one of the beers is distributed. If a local place starts naming their beer "Boston Lager" or "Camp Wannamango", people would end up buying that beer assuming that its the beer they are familiar with and expecting. Thats the basis for a lawsuit.
No idea if Wachusett actually knows about Cold Harbor, but I find it hard to believe they don't. Beer isn't my livelihood, but I follow local places on social media, send try and visit as many local places as I can.. I'm totally speculating but I would think a business whose livelihood is beer would know the local breweries and beers. As far as distribution...no idea. At one point Cold Harbor was selling growlers at Julio's and I saw them on tap at "The Fix" in Worcester. But I do see wachusett at most bars and at every packie in the area
Idk. Cold harbor certainly exists but are just a middling brewery at best. I wouldn't concern myself with them, as wachusett, even knowing they are there. Knowing they exist also isn't knowing every beer they brew and the name. Ultimately no one gives a shit until they get a subpoena. NS will care when Miller comes knocking. TH will care when Abita comes knocking. Hired hands will care when Tired hands comes knocking. No one cares until they are made to.
