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Oregon Brewing Co. (Rogue Ales) sues Rogue 24 for trademark infringement

Discussion in 'Beer News' started by smakawhat, Apr 30, 2013.

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  1. smakawhat

    smakawhat Mar 18, 2008 Maryland
    Subscriber

    http://www.washingtonpost.com/blogs...-co-sues-rogue-24-for-trademark-infringement/
     
  2. billandsuz

    billandsuz Sep 1, 2004 New York

    i am confused because i thought Rogue was a giant wave. then again it could be a pirate.

    what the f was Oregon Brewing Co. thinking when they chose a name from common english language? and isn't there a bit of irony that some brewers using a word that means "deceitful, untrustworthy, scoundrel" are upset if anyone else uses a their english word?
     
    2beerdogs, Duff27, pcsnyder and 2 others like this.
  3. juliusseizure

    juliusseizure Feb 11, 2009 New York
    Beer Trader

    The state of Oregon should sue Oregon Brewing Co. for copyright infringement causing confusion among the general populace and visitors alike. Misrepresenting good Oregon beer with overpriced, label-changing, general douchebaggery infused swill that is everything Oregon is not about.
     
  4. epk

    epk Jun 10, 2008 New Jersey

    At first I thought it was odd that a brewery was going after a restaurant 1000s of miles away that doesn't even produce beer. But I suppose Rogue does have the brewpubs and such.

    Than again, as the article noted, there are other bars that use "rogue" in their name. It names two, but their certainly must be many more.
     
  5. tjensen3618

    tjensen3618 Mar 23, 2008 California

    When a brewery I like sues somebody they are protecting their trademark.
    When a brewery I don't like sues somebody, they are being douchebags and their beers sucks.

    Got it.
     
  6. sandiego67

    sandiego67 Feb 25, 2008 California

    I am afraid that Rogue may start suing every brewer who produces a crappy batch of beer on the grounds that they are stealing the Rogue recipes.
     
  7. TheMonkfish

    TheMonkfish Jan 8, 2012 Chad

    I'd rather have a Shock Top.
     
    RobertColianni and YogiBeer like this.
  8. pixieskid

    pixieskid Jun 4, 2009 Germany

    Not surprised in the least by their actions...they dont seem to care about much else but the money, so why not sue a restaurant for using a word that they use...
     
    RobertColianni likes this.
  9. juliusseizure

    juliusseizure Feb 11, 2009 New York
    Beer Trader

    Do you have examples of people flip-flopping or are you treating the entire BA community as one monolithic entity that cannot have more than one opinion?
     
    dan027 and BrettHead like this.
  10. tjensen3618

    tjensen3618 Mar 23, 2008 California

    I'm not Levitation and I'm not gonna scrounge through individuals' post histories.
    But, the overall tone of these threads does seem to change depending on who is behind the infringement case.
     
    JrGtr and Beerandraiderfan like this.
  11. msubulldog25

    msubulldog25 Aug 3, 2005 Oregon

    There's a small dive-y pub in North Plains, OR (about 20 minutes west of Portland) called The Rogue Brew Pub & Eatery (1 BA review, almost 9 years old); sure, it's not the caliber of the restaurants in the article - but I've always wondered why Rogue Ales never went after them... I visited once a few years ago, pretty good food and 3-4 Rogue beers on draft, but no "offiicial" affiliation with the brewery I could see (but maybe the draft account keeps them out of litigation(?)... or the fact that the pub seems to have been around for DECADES before the like-named brewery(???)).

    One recent yelp reviewer seemed confused, just like I was back when I visited...

    Oh, well. Good luck with that, Rogue.
     
  12. JMagee

    JMagee Jan 2, 2013 New York
    Beer Trader

    Whenever I read articles like this I can't help but wonder if something recently happened between these two. Maybe I'm simply naive, but it makes no sense that one day OBC wakes up and decides that Rogue 24 can no longer use the name Rogue, unless Rogue 24 actually has tried to enter into some sort of pissing contest with OBC.

    At least if OBC is going to go through with this, I would hope they get a U.S Directory of registered businesses (if such a thing exists) and sue every venture in every state that uses the word Rogue, or else they're just being...douche-y.

    The thing that gets me most worked up about these lawsuits is the implication that I'm too stupid to be able to discern between two completely unrelated entities thousands of miles apart.
     
    dan027 likes this.
  13. emannths

    emannths Sep 21, 2007 Massachusetts

    I bet Rogue wanted to use "Rogue 24" for something only to find out it was in use. Note the inclusion of cybersquatting...
     
    Beerandraiderfan and BrettHead like this.
  14. chimneyjim

    chimneyjim Jun 23, 2004 Oregon
    Subscriber

    Rogue Ales, named for the river. The original Rogue Brewery in Ashland, Oregon was on the banks of Ashland Creek, a tributary of the Rogue. Those premises are now occupied by the Caldera Brewing Tap House.
     
  15. scootny

    scootny Dec 31, 2007 New York
    Beer Trader

    That seems rather drastic if you mean it...
    Hilarious if you don't
     
  16. Beerandraiderfan

    Beerandraiderfan Apr 14, 2009 Nevada

    These type of threads always remind me of those commercials. . .

    "I'm not an intellectual property lawyer, but I am on beeradvocate and I did stay at a Holiday Inn last night . . ."
     
    2beerdogs, JrGtr, LegalBrew87 and 4 others like this.
  17. rhartogsq

    rhartogsq Jun 18, 2010 Virginia
    Beer Trader

    "Unless stopped, the defendants will “irreparably injure” the brewery" Didn't the bacon beer do that?
    I can understand when a brewery sues another because their beers have the same name....but this is ridiculous. I live in the Washington DC area and have never heard of Rogue 24; and if I did, I certainly wouldn't think of the brewery, especially after seeing their logo.
     
    devlishdamsel likes this.
  18. DStoked

    DStoked Sep 28, 2011 Ohio
    Beer Trader

    Um, no shit. That's the way the world's always worked, my friend. When you build goodwill through good business practices, caring about your customers, etc., they tend to take your side.
     
    kemoarps likes this.
  19. PorterLambic

    PorterLambic Nov 26, 2003 Florida
    Subscriber

    Kenzie likes this.
  20. yankeepride

    yankeepride Jan 16, 2011 New Jersey
    Beer Trader


    Because I love me, I am bestowing upon myself the authority to name a post of the month, and this is it. Congrats. This honor, plus two dimes and a nickel, will get you a quarter, but I'd put it on your resume anyway.
     
    DmouthCaliBrewz likes this.
  21. soughtbygod

    soughtbygod Apr 27, 2011 California
    Beer Trader

    This completely makes sense the quality of their choice to sue is right up there with the quality of their beer. They are both in the toilet
     
  22. busternuggz

    busternuggz Mar 9, 2008 California

    I love you too man.
     
    yankeepride likes this.
  23. busternuggz

    busternuggz Mar 9, 2008 California

    Ugh. I am going to extra hardly ever buy their beers now.

    Seriously, how does one even prove that someone would confuse the two? Do they subpoena a bunch of stupid people and ask them "Would you think this thing is that thing if you saw this thing?"
     
    Duff27 and devlishdamsel like this.
  24. jdklks

    jdklks Aug 9, 2007 Maryland

    I bought a Rogue beer for the first time in years a few days ago. Had I seen this first, I would have left it on the shelf. The brewery has succeeded in "irreparably injuring" itself by making shitty beer after shitty beer. This just proves they have no integrity on top of shitty brewing practices.
     
  25. devlishdamsel

    devlishdamsel Aug 1, 2009 Washington

    Rogue is rapidly becoming the "starbucks" of craft beer.
     
    mfnmbvp and itsiilegal like this.
  26. itsiilegal

    itsiilegal Feb 13, 2013 California

    Born and raised in Portland Oregon. Only been in California 6 months. 95% of beer fans, snobs, drunks, aficionados and anybody with taste, don't generally like Rogue. It may be because they use the same shitty yeast for 95% of their beers. Pacman ale yeast. Everything from stout to ipa to amber. They have used other yeasts (literally when required, i.e. to brew a pilsner) and have actually made good lagers. As an Oregonian at heart and representing Oregon craft beer, Rogue carries as much pride for Oregonians as Daewoo Microwaves do for South Korea.
     
    Thirsty_Rob and devlishdamsel like this.
  27. itsiilegal

    itsiilegal Feb 13, 2013 California

    Side note: as far as shitty beer, the Mikkeller Weasel (and it's variants :rolleyes:) made with weasel/cat poop coffee was great. At least someone can make shitty beer right.
     
    kemoarps likes this.
  28. Thirsty_Rob

    Thirsty_Rob Oct 7, 2012 California
    Beer Trader

    It's like the time that Monster sued Rock Art Brewery for naming a beer Vermonster... except backwards. Thanks for being corporate assholes Rogue.
     
  29. rhartogsq

    rhartogsq Jun 18, 2010 Virginia
    Beer Trader

    When Coronado sued Elysian, for using Idiot in their Idiot Sauvin IPA (sp?) vs Idiot IPA, at least that held more ground. This is just ego driven douchebagery (new word soon to be added to dictionaries everywhere).
    Last year Rogue donated $1,000 to Raise Your Pints in Mississippi to help the state legalize home brewing and make it easier for craft beer to be available, and I thought that was aces of them.
    This action has totally erased that good will IMO.
     
  30. zestd

    zestd Jan 18, 2013 Idaho

    Rogue is great you guys...you can work on the bottling line for $9 an hour and the "Brewers on the Bay" brewpub staff doesn't speak much english. Plus they charge their crazy bomber bottle price for a taster sampler there too!
     
  31. otispdriftwood

    otispdriftwood Dec 9, 2011 Colorado
    Beer Trader

    Does anybody like Rogue? How the hell do they stay in business?
     
  32. timtim

    timtim May 28, 2007 District of Columbia

    Great restaurant run by great people that really care about producing a great product. DC is a city with tons of people that are well-educated and really appreciate their beer. There is no confusion here, and no one ever thought that this restaurant was affiliated with Rogue. They probably don't serve Rogue's sub-par beer and someone from Rogue probably noticed and got pissed about it during CBC. It just drives me nuts that Rogue Brewery is willing to dump all that money in to suing a little restaurant. Chef RJ and crew, I wish you the best and hope this fizzles away and dies so you can continue to elevate the food, drinks and service that you so lovingly deliver.
     
    YogiBeer likes this.
  33. epk

    epk Jun 10, 2008 New Jersey

    So in other words, The Rogue Brew Pub & Eatery should be suing Oregon Brewing Co.? :p

    EDIT: They aren't actually a "brewpub" though, are they? And in fact, I'm not sure they even call themselves that - see photo. Perhaps people starting yelp and other online profiles for them are the confused ones and making matters worse (they don't even have a website).
     
    msubulldog25 likes this.
  34. TheSixthRing

    TheSixthRing Sep 24, 2008 California

    Right....
     
    ThomasAWilson2 likes this.
  35. kemoarps

    kemoarps Apr 30, 2008 Washington
    Beer Trader

    Sadly, this is not that uncommon. Remember the Strange Brew/ing fiasco of some months ago? Or when Kelloggs tried to sue the band 'the Toucans' because they owned the term Toucan for their shitty circular breakfast cereal?
     
  36. sandiego67

    sandiego67 Feb 25, 2008 California

    If you name your business after a common English word, an area or region you should expect to have other businesses with similar names.
     
  37. Duff27

    Duff27 Feb 10, 2010 Illinois
    Beer Trader

    Hanger 24 should sue also. C'mon, there are enough numbers in the world (literally thousands) that another company needn't pick the same exact one!! What's wrong with you people?!
     
  38. LegalBrew87

    LegalBrew87 Mar 6, 2012 California

    That isn't how it works. You might expect others to use the same common words, but as long as you have a valid TM you can tell them not to use it if their mark might cause confusion. There's no requirement that a business choose an uncommon word or simply make one up out of the blue...doing that might make their mark really strong, but it is certainly not required.
     
  39. Jake1605

    Jake1605 Nov 24, 2009 Missouri

    They should stick to 6 packs. Actually, 4 packs. No one should have to take that gamble.
     
  40. smekermann

    smekermann Oct 18, 2006 British Columbia (Canada)

    Wow, a lot of Rogue hating going on in this thread. I got into craft beer thanks to Rogue, and I generally have some pretty great memories of hitting up their brewpubs all along the West Coast, so I'm probably the worst person to defend them, but uhh... it seems pretty cut and dry? Bar is using "Rogue" in their name, Oregon Brewing probably has the name trademarked in regards to pub/bar names and is fighting for their copyright? I'm not sure what's there to rage about in this thread.

    I'm also genuinely curious: do you people seriously think Mocha Porter, Shakespeare Stout, Morimoto Imperial Pilsner, Hazelnut Brown Nectar, Old/New Crusty, I2PA and Chocolate Stout are in any way, shape or form, bad beers? Or did you just have the DOUGHNUT VOODOO ALE and decide Rogue is a piece of shit brewing company who deserves nothing but scorn? If the latter, are you also 12 years old? You probably shouldn't be drinking alcohol if that is the case.
     
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