Steve, I googled that story and it is a nightmare of a dispute. Phyllis and the doctor sound ridiculous and A-B/Inbev is now is dispute with them as well. Not going to get any easier anytime soon!
I’m sure you would. If you used “Fuller’s of Davis” religiously, maybe you could win saying that it’s distinct from “Fuller’s”… after going bankrupt from legal fees of course because they’d still sue and you’d have to fight it. I doubt it matters what kind of beer you make. The name ‘Fullers ESB’ is also trademarked. It believe there are no special rights to use your own name in business.
That Natty Light lawsuit is interesting. I learned about the Natty Light nickname in college and had no idea that it was trademarked way back in the 70’s. I guess it goes to prove that we younger folks aren’t as clever as we think.
Since they’re both beers, you’d probably be SOL. At one of this year’s NHC seminars, a lawyer said, for example, there’s no problem with Delta faucets and Delta airlines because they’re a different product, so no confusion. Even though it’s your name, it doesn’t matter–same is if someone else bought the .com domain rights to your name.
Would you be competing against them in their marketing area? If not I doubt it would be that big of a deal. Could you imagine Sierra Nevada suing a girl named Sierra Nevada in Pakistan for naming her beer after herself?
One of his customers made a blend of beers (espresso stout and cream ale) that the customer called ‘Frappacino’ and checked it into Untappd. Starbucks (yes, Starbucks) sent him a cease and desist letter. The brewery owner made out like a bandit in good PR.
There 101 Fullers live trademarks check them out and see.
Usually it is bad idea to go to business and anticipate to have trademarks problems. There are more important things to do. Like brew beer and make sales.
This is exactly why you will get sued. No question about it. It’s going to confuse people anyway. “Fuller’s has a brewery here, now?” Which is exactly why the real Fuller’s has copyright/trademark rights. To keep out imposters from profiting off their name.
I can’t understand why you wouldn’t want an original beer name. And unless you like working for free, don’t open a brewery.
How does that work? Would Jonathan have to go to England to face justice? What if he just ignored them, wouldn’t they need the President’s permission to extradite? If im wrong, if they can just grab you and fly you to their country, then I might have to start calling my beer Innis and Gunn