I came across this in print over the weekend. I think people hear about Magic Hat/West 6th and think it’s a rare event. Sounds like trademark conflicts are becoming more common as the craft beer industry matures. All the more reason to need to protect your own.
Wide distribution keeps trademark lawyers busy. Uniqueness is getting harder and harder.
It certainly isn’t getting any easier in this rapidly growing market. The key here is to do your homework to make sure you’re not stepping on anybody’s toes, before you invest in a given brand. Pay me now or pay me later.
Part of the problem too is that many small breweries are producing for a local market, thinking locally, etc. But they’re competing with national brands and who knows, may themselves become a national brand someday.
It’s nice to see some examples of collegial solutions.
Ultimately, what ever name you come up with someone has probably thought of it before.
[brewery name] will almost always be a safe bet unless there is a problem with your brewery name (e.g. Strange Brewing) or you come across a style where the classification has been trademarked (e.g. steam beer).
Every time I hear/read people complain about how breweries shouldn’t get so feisty about protecting their IP I think about how long ago Anchor obtained trademark protection on “Steam”. The IP conflicts may be new-ish in brewing but the expectation that it would occur certainly isn’t.
There could be a silver lining here:
Maybe, eventually, all hop/rye puns will be used up and breweries will be forced to use less stupid-sounding names:
“Hoppopotamus IPA”, “Ryenheitsgebot American Lager”, “Hoptimus Prime”, “Golden Hopportunity blah blah”, etc.
Ugh.
+1 I thought I might be the only one that was sick of this BS.
I’m hopping it ends soon.
I never liked beers with funny / clever names.
i would like to know what I am drinking.
I’d prefer it end ryeght now
Ha! Love it.
In all seriousness, every once in a while I like a name with some history or something that doesn’t seem so “hip” or trendy. I like nugget nectar, java head stout, Bigfoot barleywine, the abyss, etc. But the hopolicious and rye d lightning etc can go
Puns are fun. I like a Russian Lager called Sonia Leggoff
That is very rye of you.
I like names like Fred, Ruth or Adam from HOTD.
I think all the Trademarking is ridiculous. I mean you cannot say, “Let’s Get Ready To Rumble” without Michael Buffer giving you the hairy eyeball.
When I was only homebrewing, I got a business license under the name "Dungeness Brewing. And a guy got on our clubs email list, using that name. I politely asked him to stop, as I had the license. He pointed out to me that he registered it as a DBA for a license he owned. So, I told him I would stop using the name, as he registered that before me.
Then he opens a nano-nano brewery, and called it something else entirely.
So, I resurrected my Dungeness Brewing name when I got my Brewer’s Notice approved.
And of course he contacted me, and told (did not ask) for me to not use that name, as he registered it years before. (I had done my homework this time) I asked him to show me where he had used the name in the retailing of beer, and I would stop.
I haven’t heard fro him since. What I learned it is actual USE of a name that offers protection (along with trademark and business license stuff. But no one can just register a name, not use it, and hold onto the rights.
(at least in my state)
So you are Dungeness? Do you bottle? Seems like I saw some in the islands last winter. Maybe it was just a sticker or a sign tho
Yep. In the U.S., it’s not registration of a trademark that necessarily gives you protection. Rather, it’s the actual use of the mark in commerce that gives rise to trademark protection. Prior use of an unregistered mark may give rise to a claim against the registrant under state law, but only if the registrant is using the registered mark in the same state as that of the claimant (i.e., they are being used in the same market).
The thing about a DBA or assumed name certificate is that it has very little legal effect in protecting a business name or trademark. The true purpose is to comply with state laws that help locate the owner of an entity for liability purposes. At best it provides a date that you might have started using a name for some purpose but it is in no way an equivalent of registering a trademark. I’ve had more than one client come into my office with that misconception.
Also, in a trademark lawsuit you must prove that the infringement caused customer confusion with your product and damages. That would be hard to prove if you’re not actually in business under that name.