The Year in Trademark Cases

Discussion in 'Beer Talk' started by OneDropSoup, Dec 1, 2015.

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  1. OneDropSoup

    OneDropSoup Pooh-Bah (2,213) Dec 9, 2008 Pennsylvania
    Pooh-Bah Trader

    This blog gives a rundown of the trademark cases in beer (& other booze categories) in 2015. I'd only heard of a few of these cases, but some of the higher profile parties include:
    -Allagash (vs. a jellymaker)
    -Brooklyn (vs. brooklynbrews.com)
    -Boston (over the rights to Boston 2024)
    -Dogfish Head (vs. a hunting site)
    -Great Divide (vs. a VA pub)
    -Bell's (vs. Innovation Brewing)
    -Lagunitas (vs. Sierra Nevada)
    -Odell (vs. Mercenary Brewing)
    -North Coast (vs. not 1 but 2 distilleries)
    -Long Trail (vs. a meadery)
    -Flying Dog (vs. MI Liquor Control)
    -Full Sail (vs. Bird Brain Brewing)
    -Summit (vs. Grand Lake Brewing)
    -and surprise - Anheuser-Busch (vs. 2 beverage companies)
    http://www.trademarkandcopyrightlawblog.com/2015/12/a-trademark-year-in-wine-and-beer-2015-our-holiday-buyers-guide-to-disputed-beverages/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed: trademarkandcopyrightlawblog/wsUG (Trademark & Copyright Law Blog)
     
    #1 OneDropSoup, Dec 1, 2015
    Last edited: Dec 1, 2015
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  2. lambpasty

    lambpasty Initiate (0) May 3, 2013 New Hampshire

    So I need to change my profession to beer law, is what you're telling me.
     
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  3. OneDropSoup

    OneDropSoup Pooh-Bah (2,213) Dec 9, 2008 Pennsylvania
    Pooh-Bah Trader

    When there's a gold rush, you sell pickaxes.
     
  4. gopens44

    gopens44 Grand Pooh-Bah (3,560) Aug 9, 2010 Virginia
    Pooh-Bah Trader

    Similar, but related in an inverse fashion, on more than one occasion I have done a double take at "Dark Horse" wine. I would think that both parties know about the other one but are either mature enough to know that they aren't in competition or maybe they simply don't feel bothered by having the same name. In any case kudos to both for not filing suit. Now I just hope my post on the subject doesn't set something off.....
     
  5. JonathannRobert

    JonathannRobert Initiate (0) Jun 29, 2014 Delaware

    I don't know how I missed the news on Black Flame... glad I have 2 in the cellar!
     
  6. bluehende

    bluehende Initiate (0) Dec 10, 2010 Delaware

    Damn you posted all those actions without letting us know which side to boycott.
     
  7. NCMonte

    NCMonte Initiate (0) Jan 28, 2014 North Carolina

    Shoot, haven't you noticed on this forum... We have ALL majored in beer law.
     
  8. Invinciblejets

    Invinciblejets Pooh-Bah (1,710) Sep 29, 2014 South Carolina
    Pooh-Bah Trader

    Can't forget the classic dogfish vs pizza boy..tho
    Resulting in....well a questionable response from one of the party's involved...


    Whatever did ever happen with that Punkin-pumpkin thing?
     
  9. bluehende

    bluehende Initiate (0) Dec 10, 2010 Delaware

    I assume these were actual filings. Imagine how many more were taken care of in this manner without an actual filing.
     
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  10. GuidedbyBeers

    GuidedbyBeers Initiate (0) Aug 15, 2013 California

    Brooklyn also sent a cease and desist to a brewery in the Valley using the name Black Ops
     
  11. rodbeermunch

    rodbeermunch Grand Pooh-Bah (3,900) Sep 30, 2015 Nevada
    Pooh-Bah Trader

    I'm not an intellectual property lawyer, but I do play one on online beer sites. . .
     
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  12. TongoRad

    TongoRad Grand Pooh-Bah (3,884) Jun 3, 2004 New Jersey
    Society Pooh-Bah Trader

    I'd look into the Dogfish Head vs. a hunting site one, but the reality of it would probably ruin the absurd scenario going on in my imagination at the moment. :slight_smile:
     
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  13. bluehende

    bluehende Initiate (0) Dec 10, 2010 Delaware

    you prompted me to search.....here is the synopsis.

    DOGFISH Beer

    [​IMG]Dogfish Head Marketing held a registered trademark for DOGFISH HEAD in connection with beer and beer-related goods and services. Dogfish maintains a website at <dogfish.com>, but it also wanted <dogfish.net>, which was being used to provide links to hunting sites. After Dogfish filed a UDRP complaint, a National Arbitration Forum panel found that the domain was confusingly similar to Dogfish’s mark. However, there was no evidence that the registrant was targeting Dogfish’s customers or providing beer-related links, nor was there evidence that the registrant made a habit of buying up domain names with brand marks. Therefore, there was insufficient proof of bad faith and the transfer of the domain was denied. Dogfish appears to have purchased the domain from the registrant since then. Dogfish Head Marketing, LLC v. Steitieh, 2015 NAFDD LEXIS 559 (NAF May 27, 2015).
     
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  14. TongoRad

    TongoRad Grand Pooh-Bah (3,884) Jun 3, 2004 New Jersey
    Society Pooh-Bah Trader

    Damn, not an animal head in sight...:slight_frown:
    :wink:
     
  15. PatrickCT

    PatrickCT Grand Pooh-Bah (3,776) Feb 18, 2015 Connecticut

    Sierra Nevada hasn't gone after Sierra NevaDuh Brewery yet?
     
  16. ChangSing

    ChangSing Zealot (640) May 5, 2013 Illinois
    Trader

    it'll only continue to grow in the coming years..honestly there's only so many witty beer names people can come up with, and with the growing distribution range it's only a matter of time before some of these regional breweries start crossing paths.
     
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