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Another trademark fight


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#1 beach

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Posted 12 November 2012 - 01:02 PM

Came across this: https://blogs.westwo...mark_threat.php over at the AHA forum. I won't buy a kernel of malt from these Massholes.Beacheta: the Strange Brewing Company facebook support site: https://www.facebook...wingStrange?ref

Edited by beach, 12 November 2012 - 01:04 PM.


#2 SchwanzBrewer

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Posted 12 November 2012 - 01:08 PM

Apparently they are having some vendor issues, but it seems like an easy enough problem to address.The HBS will have a hard time proving that it's brand is being diluted since there are multiple "Strange Brew" type commercial and non commercial entities that exist. I don't think they have a leg to stand on and they'll just have to deal with it.What I don't understand is how they are justifying the law suit financially since all they will get is for one brewery to stop using that name. It makes more sense to get the vendor issue worked out without involving lawyers and moving on with life. The other thing I don't get is why someone would name their brewery that. It's a rip off from the movie and there is a reason why it's been passed up all these years.

#3 beach

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Posted 12 November 2012 - 01:40 PM

My understanding is that they've metaled more than once including GABF.Beach

#4 beach

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Posted 12 November 2012 - 01:44 PM

Apparently the threat caused such a shit-storm that they took down their facebook and twitter pages. I just did a work around. Went to their web site and emailed them via their contact us page. Did the same to their attorney.Beach

#5 beach

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Posted 12 November 2012 - 01:53 PM

"They" the homebrew supply store?

Yes

#6 djinkc

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Posted 12 November 2012 - 01:57 PM

Yes

Eric Clapton probably sued them

#7 beach

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Posted 12 November 2012 - 01:59 PM

Missed it at first, but the home brew shop has an *email us* tab also. Sorry, not going to post their web site here. A simple google search brings them up.Beach

#8 Big Nake

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Posted 12 November 2012 - 02:11 PM

There was a thread awhile back where a brewpub in Vermont made a beer called "Vermonster" and we're being threatened similarly by Monster energy drinks. Clearly no one would confuse these two entities but someone in that thread (who had a legal background of some variety) stated clearly why this goes on and it's not a malicious threat by the party who starts the kerfuffel. I can't remember exactly why these people feel it's necessary to make a big deal out of something that is clearly not going to cause trouble for either party but once I heard why this happens, it seemed reasonable to me. It's probably not the homebrew supplier being a dickweed as much as it's just a legal hoop that gets jumped through strictly for legal reasons.

Edited by KenLenard, 12 November 2012 - 02:12 PM.


#9 beach

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Posted 12 November 2012 - 02:17 PM

Read the article, Ken. The homebrew store is being a dickweed.

So much this. At the end of the day the HBS is going to take a major rep hit and the brewery will flourish. Cooperation not litigation would have been a better way to go.Beach

#10 Big Nake

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Posted 12 November 2012 - 03:07 PM

I read most of it. Are they being a dickweed because the brewery offered to do a partnership thing and the HBS said no to that? Hmm, I personally don't understand why people would persue this when it's clear to me that no one in their right mind is going to confuse these two (very different) companies. It's possible that the HBS has no desire to partner with the brewery just because their names are similar and I don't necessarily think they're being malicious if that's the only issue. I'll go back and read the rest.

#11 Big Nake

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Posted 12 November 2012 - 03:28 PM

I just went back and read it and it sounds like the standard legal nonsense to me. The main point of the whole thing is whether the HBS trademarked name is actually being infringed upon. If a court determined that it is, I think that the HBS would be in the right. The part where there has been confusion regarding deliveries, payments, etc. make absolutely no sense. Are you telling me that supplies that were supposed to go to a HBS in MA went to a brewery in CO? That sounds like a bunch of mule muffins to me but whatever. I couldn't determine who was in the wrong here without knowing the legal specifics. The term "Strange Brew" is very common in our culture so I can't imagine any of this being held up in court. The trademark "Strange Brew" was for a homebrew supplier in MA so does that mean that a brewery in CO cannot operate under the name "Strange Brewing Company"? I'm thinking the brewery wins.

#12 realbeerguy

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Posted 12 November 2012 - 05:19 PM

You have Mother Earth Brewing in Vista, Ca. and Mother Earth Brewing in NC. Both co-exist. HBS is a dickweed. Just remember what they say on Wall Street, "Bears & Bulls get to eat, but Pigs get slaughtred in the market." Time to start a lockout of the HBS.


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