Trademark conflict blues

I WOULD recommend talking to a trademark lawyer but that's probably going to cost you the same as a graphic designer, and we know how you feel about those guys.

Is it worth the risk to you? As little as the "Texas" is that covers "ass", I don't think the top phrase is necessary and it's taunting whoever brought up copyright infringement in the first place. It's a bold and risky move that I could see getting called out again.

As a reference, when this happened to Jester King and Lagunitas, they took a way more subtle approach. Doing that is the safe route, but if you want to experiment and see how far you can get away with this, I say go for it. Though I'd personally like to see you experiment with a professional graphic designer instead.

 

The word "ASS" is still too visible/recognizable. I think if you made the "TEXAS" bigger, you'd be fine. Consider the folks who have done this before and been approved in TX as an example...





Notice just the top of the letters peek out.

Why not just CALL it Big Texas Blonde?

I'd still recommend talking to a lawyer specializing in trademark law though if you want to go forward. No matter how much that costs, complying or fighting a C&D is going to cost a heckuva lot more.

 

Not worth the risk IMO.

 

Ass is still to visible, and you mention that you are covering Ass, so I think you're asking for trouble.

 

Is the name that important to you? I get the stupidity of that trademark but it "may" end up costing you in the end. I'm a stubborn person so I get the want to use it like that just because, but either increase the size of TX or just give it up to avoid the trouble. It's just a name as of now.

 

I don't know anything about label laws, but I'd just throw a bikini bottom over the "Ass" and have a partial of "A" and a partial of the "S" on the end, and put Texas on it. That be cool looking. Ps is this stall available in Houston anywhere?

 

Fixed that for you

 

change the name and label. looks trashy anyway.

 

Idk if this helps, but my sister is a Trademark attorney who specializes in craft beer law. Here is her blog where you can find her contact info: Www.crafingbeerlaw.com

 

www.craftingbeerlaw.com

 

First I want to clarify that I do not know legal law and these are just my opinions. I would get rid of the top line that says "covering our ass so we don't get sued". It just seems childish and if anything on your label, id see that being the issue since you are clearly saying "ass" is what is being covered below. As far as the "Texas" covering "ass", I'd think that you would be ok with that without the line above since it could be anything under the "Texas" although everyone knows its ass. It could be ACC would be my argument (cause it kinda looks like it could be), even though it doesn't even make sense. Last but not least, when I think of a Blonde, I think of a sessionable light beer that comes in a 6-pack, not a bomber of 10.5% strong ale. Good luck with your battle and final decisions.

 

I would do a whole new label.It does look trashy. Now, I'm pretty trashy myself and don't mind stuff like that but Austin is the "land of hairy-legged women and liberal fruitcakes" and eventually you're going to get called out for the label being "sexist" - though I don't know how Deep Ellum gets away with "Goes down easy" on their blond cans...- anyway, just my 2cents. If it was me I wouldn't risk alienating roughly 45% of your potential customers.

 

Since you're sort of asking for feedback, I'll give it - that new label is terrible. Why is the name of the brewery so big, and the name of the beer almost unreadable? Its also weird to have "ale" on a separate line from the rest of the name, and in a different color.

Maybe too late to change it now, but something to think about going forward. For me, right or wrong, when I see a new beer on the shelves, first impressions go a long way, and I judge by the label before I even pick it up. I'm probably missing out on some good stuff that way, but I think you REALLY need unique labels that stand out to get noticed on ever-fuller shelves.

Good luck!!

 

Breweries undergo label changes all the time:





If anything a new and better looking label should turn more heads, not confuse people. I have a really strong opinion about your labels but you've expressed your reasoning for sticking to what you have, so I digress.