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The Pub / Re: American Brewery Architecture
« on: Today at 04:10:34 PM »
I agree with gsandel, the Tivoli student union is awesome. I went to UCD for a couple semesters, before I finished in Boulder. So it's sort of my alma mater.
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The Pub / Re: bridge collapse
« on: Today at 10:01:33 AM »As far a I know, that's a pretty good grade compared to other states. This is what decades of not investing in our infrastructure gets us.
Careful now, only commies love bridges!
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General Homebrew Discussion / Re: That German lager flavor
« on: Today at 09:14:39 AM »
S-189 is the best lager strain I've used. It's super easy to use, very clean, but not particularly "German" flavored. IIRC it's a Swiss lager strain.
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The Pub / Re: West Sixth vs Magic Hat
« on: May 23, 2013, 08:30:43 AM »
Here's some background on trademark infringement:
http://www.bitlaw.com/trademark/infringe.html
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#10
A jury trial could be tricky, although depending on how the jury instructions are worded it could easily swing in favor of either party. The burden of proof for these types of cases is a preponderance (a hair more than 50% likely). Magic Hat only has to show that confusion is slightly more reasonable than unreasonable to occur.
From the first link, these are the most important factors to consider in trademark infringement cases:
"1 the similarity in the overall impression created by the two marks (including the marks' look, phonetic similarities, and underlying meanings);
2 the similarities of the goods and services involved (including an examination of the marketing channels for the goods); "
From the second link, re: parodies "Finally, certain parodies of trademarks may be permissible if they are not too directly tied to commercial use."
http://www.bitlaw.com/trademark/infringe.html
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#10
A jury trial could be tricky, although depending on how the jury instructions are worded it could easily swing in favor of either party. The burden of proof for these types of cases is a preponderance (a hair more than 50% likely). Magic Hat only has to show that confusion is slightly more reasonable than unreasonable to occur.
From the first link, these are the most important factors to consider in trademark infringement cases:
"1 the similarity in the overall impression created by the two marks (including the marks' look, phonetic similarities, and underlying meanings);
2 the similarities of the goods and services involved (including an examination of the marketing channels for the goods); "
From the second link, re: parodies "Finally, certain parodies of trademarks may be permissible if they are not too directly tied to commercial use."
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The Pub / Re: West Sixth vs Magic Hat
« on: May 23, 2013, 07:52:09 AM »
The issue is not the numerals. I'm really sick of people saying I'm dense because I can't tell the difference between a 6 and a 9. I can read, obviously, and I'm not dyslexic. I know it sounds like a slam-dunk legal case to say only an idiot would confuse a 6 and a 9, but I doubt a judge would agree.
The issue is those design elements which make the respective logos distinctive. The fact that they're different numbers or letters is not relevant. For example, you can't just take the IBM-style lettering, change the letters, and use that for your logo.
The issue is those design elements which make the respective logos distinctive. The fact that they're different numbers or letters is not relevant. For example, you can't just take the IBM-style lettering, change the letters, and use that for your logo.
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The Pub / Re: West Sixth vs Magic Hat
« on: May 22, 2013, 04:29:45 PM »
I've read some studies that show talking s*** about someone only sometimes makes the talked-about person look bad, but always makes you look bad. I think the blog Drew linked to is exactly right.
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The Pub / Re: West Sixth vs Magic Hat
« on: May 22, 2013, 02:17:54 PM »
Part of the problem is with the way trademark law works in the US. If you don't defend your trademark vigorously, you can lose it.
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The Pub / Re: West Sixth vs Magic Hat
« on: May 22, 2013, 01:57:57 PM »
I think the Scribd link Amanda posted covers this issue pretty well. Magic Hat has no problem with West Sixth using the "6 with star" logo as long as they consistently use the words "West Sixth Brewing" as well.
There are really two issues here, copyright, and trademark infringement. The standard for copyright infringement is "substantial similarity," while the standard for trademark infringement is "likelihood of consumer confusion." Consumer confusion increases when the two companies are in the same industry, selling the same goods.
True, these are subjective issues, and who knows how the court will rule, but do you really want to spend a fortune arguing these issues in court? The logo isn't even that good. . .
Here's a quote from Judge Learned Hand “no plagiarist can excuse the wrong by showing how much of his work he did not pirate.”
There are really two issues here, copyright, and trademark infringement. The standard for copyright infringement is "substantial similarity," while the standard for trademark infringement is "likelihood of consumer confusion." Consumer confusion increases when the two companies are in the same industry, selling the same goods.
True, these are subjective issues, and who knows how the court will rule, but do you really want to spend a fortune arguing these issues in court? The logo isn't even that good. . .
Here's a quote from Judge Learned Hand “no plagiarist can excuse the wrong by showing how much of his work he did not pirate.”
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The Pub / Re: West Sixth vs Magic Hat
« on: May 22, 2013, 01:39:27 PM »I've seen a bunch of legal documents from some Kentucky Law firm and a lawsuit from a TN law firm, but nada from anyone in Vermont or New York. So I'm having a hard time finding the lie.
I'd also like to see the article from 2 years ago concerning the logo. I though the firm started doing business in April 2012 so I'm scratching my head about an article showing similarity from 2011??? Clue me in.
First of all, if you're a corporation, and you have a law firm on retainer, you don't contact people directly. That's what your lawyers are for. So saying they haven't heard anything from them sounds like a lie to me.
Here's the article I read, the people in the comments noticed the similarity:
http://louisvillebeer.com/blog/2011/10/05/695/
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The Pub / Re: West Sixth vs Magic Hat
« on: May 22, 2013, 09:26:07 AM »
I read a news article from 2 years ago where commenters noted the similarities in the logos. It takes a pretty big lapse of judgement to think having a logo so similar, even if "legal," is a good idea.
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Yeast and Fermentation / Re: Belle Saison Dry Yeast
« on: May 22, 2013, 07:47:15 AM »Only rehydrate on beers over 1.065. I've pretty much switched my IPA and IIPA over to US-05 because I am using WY1007 on my other styles and I don't care for it as much in IPA/IIPA.
Have you ever used K-97? It's really nice, along the same lines as 1007.
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Yeast and Fermentation / Re: Belle Saison Dry Yeast
« on: May 21, 2013, 08:10:19 PM »
Belle Saison is close enough to 3711 for me that I doubt I'll use 3711 ever again. Belle Saison is a beast. My latest super saison finished at 0.996 with plenty of mouthfeel.
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General Homebrew Discussion / Re: First beer taste
« on: May 20, 2013, 04:12:21 PM »IMO a good brewer needs to taste beer all the way through the process, from wort to glass.
I agree, although if you're not very experienced, you don't really know what you're tasting. But the only way you get experience is by tasting it a lot. So I'd say do it, but don't freak out if the beer doesn't taste great when it's warm and flat.
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Ingredients / Re: 3 hour dry hop?
« on: May 17, 2013, 12:26:55 PM »
I've got an accidental Berliner Weisse I think I'll try it on. I've never gone less than 2 days dry hopping before.
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Ingredients / 3 hour dry hop?
« on: May 17, 2013, 10:49:23 AM »
I was reading in the Hops book about dry hop extraction times, and how certain compounds are extracted very quickly, but then dissipate, while other take longer to develop. Has any tried to do a very short (3-6 hours) dry hopping? How'd it turn out?