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Other than Brewing => The Pub => Topic started by: tonyp on May 21, 2013, 08:36:14 PM

Title: West Sixth vs Magic Hat
Post by: tonyp on May 21, 2013, 08:36:14 PM
I've honestly never liked any of magic hat's beer (my wife likes their christmas beer tho) but if this is true I like them even less as a company now...

This is from West Sixth's website so we're only hearing one side of it but their logos look nothing alike to me.

Whole article here (http://www.westsixth.com/no-more-magic-hat/?age-verified=0791d06fd8)
Title: Re: West Sixth vs Magic Hat
Post by: theDarkSide on May 21, 2013, 08:49:26 PM
Something similar happened with Georgetown Brewing about 3 years ago:
http://seattlebeernews.com/2010/06/trademark-dispute-moves-georgetown-to-rename-9lb-porter-to-georgetown-porter/

Even though there is a 9 in the name, I thought it was a lousy thing for a company like Magic Hat to do.  I always enjoyed the #9 but haven't bought a single beer from them since this incident.

This one with West Sixth is BS.
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 21, 2013, 09:50:55 PM
They suck, their beers mostly suck, I think I'll have some fun on Facebook. Thanks for the link!
Title: Re: West Sixth vs Magic Hat
Post by: a10t2 on May 21, 2013, 10:11:03 PM
If I was them I would be immensely pissed at my graphic design guy(s). Way too close for comfort.
Title: Re: West Sixth vs Magic Hat
Post by: morticaixavier on May 21, 2013, 10:17:06 PM
Full disclosure:

I grew up in Vermont but I was never terribly fond of Magic Hat beers.

Now that that's out of the way, I couldn't get to west sixths site but I found this article with a picture
http://www.kentucky.com/2013/05/21/2648036/vermont-craft-brewer-files-federal.html (http://www.kentucky.com/2013/05/21/2648036/vermont-craft-brewer-files-federal.html)
(http://media.kentucky.com/smedia/2013/05/21/13/28/ep0a7.AuSt.79.jpeg)

looking pretty similar to me.

**EDIT** Modified to add, I can't imagine why you would want someone to potentially mistake your beer for a #9. that stuff is nasty.
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 21, 2013, 10:22:14 PM
Doesn't look anything like it to me. Line weight is different. 9 doesn't connect the loop, I would never mistake the two.

Anyway, I do love me some internet in case anyone wants to have some email fun!

Mod Edit - Do a search you can find the contact info for the companies out there... otherwise - zoink.
Title: Re: West Sixth vs Magic Hat
Post by: a10t2 on May 21, 2013, 11:07:23 PM
looking pretty similar to me.

The amber was what made me do a double-take:

(http://beeradvocate.com/im/beers/80680.jpg)
Title: Re: West Sixth vs Magic Hat
Post by: tschmidlin on May 22, 2013, 12:01:19 AM
I wouldn't say they look "nothing alike", but they are clearly different to me.  I wish West Sixth luck.
Title: Re: West Sixth vs Magic Hat
Post by: HoosierBrew on May 22, 2013, 12:10:50 AM
I agree.  Maybe Magic Hat should focus their energy on brewing better beers. Haven't had one of theirs I'd buy again yet.
Title: Re: West Sixth vs Magic Hat
Post by: euge on May 22, 2013, 01:17:36 AM
Me either. :(
Title: Re: West Sixth vs Magic Hat
Post by: gmwren on May 22, 2013, 01:35:59 AM
My favorite quote of someone tasting #9 for the first time "I need to sue somebody!" How appropriate.
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 22, 2013, 11:42:56 AM
Try and censor this Beechum ;)

http://mashbang.wordpress.com/2013/05/22/more-like-the-mad-hatter/
Title: Re: West Sixth vs Magic Hat
Post by: theDarkSide on May 22, 2013, 12:31:39 PM
I just drank a Magic Hat #9 upside down last night and it tastes like an IPA....weird.  ;D
Title: Re: West Sixth vs Magic Hat
Post by: udubdawg on May 22, 2013, 12:36:04 PM
the eight-pointed star right near the middle of the logo is what made me do a double-take.  Get rid of that, and I think it's plenty different.

but that, just, like, my opinion, man.
Title: Re: West Sixth vs Magic Hat
Post by: jamminbrew on May 22, 2013, 01:28:03 PM
One is the name of a beer. The other, the name of a brewery. I seriously doubt that any "similarities" have caused Magic Hat any loss of sales, much less enough to sue this little brewery for all their profits. What a load of BS. I must admit, I was surprised to learn that Magic Hat is a corporate entity.
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 22, 2013, 01:33:50 PM
Maybe posting a side by side of the logos with the West Sixth Brewing logo inverted will help.

Perhaps someone can explain how they look similar other than the blob at the bottom of the 9 and top of the 6? The 6 is closed and has different line weights than the 9 which is not closed. The dingbat on the 9 is a dingbat and the 6 is a star and the colors are different. I just don't see how the two can be confused. Good on West Sixth for not caving to the pressure.

(http://mashbang.files.wordpress.com/2013/05/six-vs-nine.jpg?w=529)
Title: Re: West Sixth vs Magic Hat
Post by: Jimmy K on May 22, 2013, 02:10:48 PM
Doesn't look anything like it to me. Line weight is different. 9 doesn't connect the loop, I would never mistake the two.
Three dominant graphic elements -  The font is nearly identical. The green is within the color pallette Magic Hat normally uses. And many Magic Hat logos use a starburst. I wouldn't confuse it with the #9 label specifically, but if I saw that label from a distance I'd probably think it was Magic Hat one-off. 
Title: Re: West Sixth vs Magic Hat
Post by: brewmichigan on May 22, 2013, 02:56:44 PM
I believe the star in the west sixth logo is actually a compass rose and because the "6" is on the left side, it makes it the West side.

I agree that they are similar but I would never accidentally pick this up instead of Magic hat. If I did, I'd probably be better off and maybe that's why their worried.  :P
Title: Re: West Sixth vs Magic Hat
Post by: AmandaK on May 22, 2013, 04:10:52 PM
The article in the original post is quite misleading.

I was sent this by another club member: http://www.scribd.com/doc/142860493/Magic-Hat-Brewing-and-West-Sixth-Brewing (http://www.scribd.com/doc/142860493/Magic-Hat-Brewing-and-West-Sixth-Brewing)

West Sixth Brewing has been in discussions with Magic Hat for a while on changing their logo. For West Sixth to publish something that misleading is shiesty in my book. I have zero sympathy for West Sixth Brewing.

I also don't drink Magic Hat (especially #9) because it is pretty bad. So no bias towards either brewery here, just callin' it like I see it.

Edit: here's some more research...
http://beerpulse.com/2013/05/magic-hat-calls-bs-on-west-sixths-media-campaign-after-lawsuit-407/ (http://beerpulse.com/2013/05/magic-hat-calls-bs-on-west-sixths-media-campaign-after-lawsuit-407/)
and this
http://beerpulse.com/2013/05/west-sixth-rebukes-magic-hats-public-response-publicly-proposes-settlement/ (http://beerpulse.com/2013/05/west-sixth-rebukes-magic-hats-public-response-publicly-proposes-settlement/)

Sounds a lot like West Sixth is trying to make it seem like the 'big bad wolf' is beating up on them when their logos are really quite similar. If a distributor declines to carry a brand because it looks to similar to another, they might be on to something.
Title: Re: West Sixth vs Magic Hat
Post by: tonyp on May 22, 2013, 04:22:55 PM
The mere fact that you have to explain and manipulate the images in order to show how similiar they are works in West Sixth's favor. The typefaces are nowhere near identical and I think most of you are getting caught up in the idea of "hey, a 6 is just an upsidedown 9 right?!". They are about as similar as a shark is to a dolphin. Sure they both have tails and fins and swim in the ocean but that's where it ends.

I'm not a lawyer, but as a designer, I would jump at the chance to argue this in court infront of a jury. I would take a laptop, hook it up to a nice big LCD screen or projector and using photoshop, go thru the steps it would take to convert one logo into the other, finishing with <sarcasm>And that's all you have to do to make them similar.</sarcasm>.

*Law & Order closing theme*

P.S. I think one contentious point could be the star symbol but it seems more ornamental in Mag Hat's case and more part of the story or theme in West Sixth's.
Title: Re: West Sixth vs Magic Hat
Post by: nateo on May 22, 2013, 04:26:07 PM
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.
Title: Re: West Sixth vs Magic Hat
Post by: AmandaK on May 22, 2013, 04:29:38 PM
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.

Exactly. We should keep in mind that this logo is interpreted by the general public, not graphic designers.

In the articles I posted above, a Kentucky distributor refused to carry the brand because the logo was so similar to the other.
Title: Re: West Sixth vs Magic Hat
Post by: tonyp on May 22, 2013, 04:33:33 PM

Edit: here's some more research...
http://beerpulse.com/2013/05/magic-hat-calls-bs-on-west-sixths-media-campaign-after-lawsuit-407/ (http://beerpulse.com/2013/05/magic-hat-calls-bs-on-west-sixths-media-campaign-after-lawsuit-407/)

Quote
In letters proposing a resolution to avoid a court case, West Sixth Brewing agreed to:

1. Remove the design element that mirrors Magic Hat’s #9 starburst/dingbat star packaging;

See now this is an important point that wasn't in West Sixth's blog post. Like I said in my last post I could see this being a problem, and its easily fixed.

If West Sixth's intentions were for the star to be a compass point you could scale it to fill the entire bg of the circle turning the whole logo into a compass.

Quote
2. Use and promote the wording West Sixth Brewing in conjunction with the design (Magic Hat agrees that this will help eliminate confusion);

3. Work in good faith to phase out and replace any existing materials that may contain the prior version of the encircled “6” design;

These 2 are absolutely ridiculous to me, nowhere on Magic Hat's packaging is there a 9 in a circle. If all those abstract wavy lines are considered a circle they need their heads examined.
Title: Re: West Sixth vs Magic Hat
Post by: HoosierBrew on May 22, 2013, 04:38:37 PM
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.
+1.  I also feel that whoever mistakenly buys it thinking it is Magic Hat is probably getting a better beer.
Title: West Sixth vs Magic Hat
Post by: duboman on May 22, 2013, 07:42:33 PM
http://drinkwiththewench.com/2013/05/breweries-keep-your-legal-battles-off-of-social-media/

This is my thought on the matter as well.....
Title: Re: West Sixth vs Magic Hat
Post by: a10t2 on May 22, 2013, 08:06:19 PM
Sounds a lot like West Sixth is trying to make it seem like the 'big bad wolf' is beating up on them when their logos are really quite similar.

I'd do the same thing, albeit without the lying. Just think of how many thousands of people have heard of West Sixth now.
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 22, 2013, 08:35:39 PM
Hold on a second, let's pick apart carefully where you guys are seeing West Sixth lied about anything.

They said:
"In fact, we tried to reach out to them individually to see if there was any way to resolve the amicably, but to no surprise, no one ever called us back."

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.
Title: Re: West Sixth vs Magic Hat
Post by: nateo on May 22, 2013, 08:39:27 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/
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 22, 2013, 08:50:05 PM
Did a little research on the person who made the comment. Seems like he has a beer blog and one of his buddies works (or worked) at Magic Hat based on his comments.
http://kentuckybrewreview.wordpress.com/2010/12/12/hops-for-the-holidays/

No matter what you gotta admit this is funny:
(http://louisvillebeer.com/wp-content/themes/editorial/functions/thumb.php?src=wp-content/uploads/2013/05/417814_10101277993228250_1464144861_n.jpg&w=606&h=0&zc=1&q=90)
Title: Re: West Sixth vs Magic Hat
Post by: nateo on May 22, 2013, 08:57:57 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.”
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 22, 2013, 09:05:35 PM
I read all the legal documents and in the end it appeared MH was never going to allow them to use a 6 without the words beside it and as far as I could tell they did not want to allow them to use up existing merchandise and can stock. They kept giving 30 day ultimatums. If it were me I would have fought it tooth and nail and would have enjoyed spending the money to fight it, but I'm scrappy like that. ;)
Title: Re: West Sixth vs Magic Hat
Post by: a10t2 on May 22, 2013, 09:08:56 PM
Hold on a second, let's pick apart carefully where you guys are seeing West Sixth lied about anything.

Quote
And this week, one of those enemies got so mad, they decided to try and force us out of business by filing a silly and frivolous lawsuit against us.

This is actually what I was thinking of when I used the word "lying", but upon careful re-reading it walks the line of implying something that is incorrect (that this lawsuit is out of the blue) without actually saying anything demonstrably untrue - though saying that Magic Hat's objective is to put West Sixth out of business strikes me as unfair, and certainly unprovable. Just my opinion, of course.

Quote
We know that as a company owned by an international conglomerate, the only value Magic Hat will listen to is their pocketbook, so that’s the only way we know to get them to stop.

Emphasis mine. They were corresponding with Magic Hat's attorneys beginning at least eight months ago regarding a solution that didn't involve litigation. To say now that an internet petition is the only solution they know of to stop the lawsuit is a lie.
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 22, 2013, 09:13:36 PM
I still cannot see any lie. They tried to reach and agreement, but MH or their lawyers, were never agreeable, it was always another stipulation if you read the documents. Then MH filed a lawsuit so they went to social media and it appears to have brought MH back to the table. Seems more like the truth to me...YMMV

Title: Re: West Sixth vs Magic Hat
Post by: nateo on May 22, 2013, 09:17:54 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.
Title: Re: West Sixth vs Magic Hat
Post by: dbeechum on May 22, 2013, 11:27:00 PM
I have my opinions on this whole thing, but this is the important lesson.

http://drinkwiththewench.com/2013/05/breweries-keep-your-legal-battles-off-of-social-media/
Title: Re: West Sixth vs Magic Hat
Post by: nateo on May 22, 2013, 11:29:45 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.
Title: Re: West Sixth vs Magic Hat
Post by: Thirsty_Monk on May 23, 2013, 02:14:15 AM
But it worked in Vermont with Vermonster!!!
Title: Re: West Sixth vs Magic Hat
Post by: majorvices on May 23, 2013, 12:44:16 PM
As a graphic designer of over 20 years, I can assure you that those two logos are way too close and MH is going to win this law suit. I once got a cease and desist order direct from Harley Davidson's attorney. Highlight of my graphics career, trust me. ;) But all the attorney has to do is show the judge that the two logos can be mistaken as related to each other and the plaintiff wins the case. Sure, If I could have afforded a high dollar attorney I could have made a case. BUt me against HD? Not a chance.

Same story here. And if you don't think those logos are eerily similar you are looking at them through you a$%*H*((.... just sayin....
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 23, 2013, 01:23:31 PM
Maybe it's the engineer in me, but I still don't see it. From what I've noticed those with an artistic background see some resemblance (seems to be about 20% of the people), the rest know the difference between a 6 and a 9.  ;)

- -

What I find interesting is an email I got in my brewing news email this morning. Magic Hat said yesterday they were no longer going to comment on social media, but then they send out a press release which includes:
Quote
It is our position that West Sixth has not only infringed on our trademarks, but has also taken steps to damage our brand.
So we won't comment on Facebook, but an email campaign is fine???
The really interesting thing about the note is this is the first email I have ever received from Magic Hat and their marketing group - Mower.

Title: Re: West Sixth vs Magic Hat
Post by: majorvices on May 23, 2013, 01:39:44 PM
Maybe it's the engineer in me...

I absolutely agree that's a problem. ;)
Title: Re: Re: West Sixth vs Magic Hat
Post by: AmandaK on May 23, 2013, 02:29:14 PM
I have my opinions on this whole thing, but this is the important lesson.

http://drinkwiththewench.com/2013/05/breweries-keep-your-legal-battles-off-of-social-media/

Exactly. West Sixth had obviously tried to use us as ammunition in damaging Magic Hat's brand. It's ridiculous.
Title: Re: Re: West Sixth vs Magic Hat
Post by: AmandaK on May 23, 2013, 02:32:40 PM
Maybe it's the engineer in me, but I still don't see it. From what I've noticed those with an artistic background see some resemblance (seems to be about 20% of the people), the rest know the difference between a 6 and a 9.  ;)

I'm an engineer. I see it. And I can totally see why some people might think that a logo with only the six and no brewery name next to it might be another offering from Magic Hat.
Title: Re: West Sixth vs Magic Hat
Post by: nateo on May 23, 2013, 02:52:09 PM
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.
Title: West Sixth vs Magic Hat
Post by: majorvices on May 23, 2013, 02:57:48 PM
Yeah, the point isn't that people know the difference between a 6 and a 9, it's how confusable the identity of the brands are. I highly doubt the defending brewery in question legitimately tried to copy MH design (though, if the designer didn't do it intentionally, he/she most certainly did it subliminally. I have caught myself doing this often. Design something, then realize it looks a lot like another design I had not intended to copy.)

It's not going to matter what 20% of the people think, or that MH makes crappy beer. All that is going to matter is what the attorney shows the judge - and any high dollar attorney worth his salt will easily be able to prove a case here that these brand logos are confusable. 
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 23, 2013, 03:04:17 PM
FWIW - I never said anyone was dense, I said they were artistic.  ;D

Actually the lawsuit (http://www.westsixth.com/wp-content/uploads/2013/05/Complaint.pdf) calls for a jury trial. So they would have to convince a jury. Not sure how many sit on a Federal Jury, but if I was one of the jurors we'd probably deadlock.  :-\
Title: Re: West Sixth vs Magic Hat
Post by: Jimmy K on May 23, 2013, 03:08:18 PM
Is it possible to parody a beer? Because I think that would be funny, and might be a first.
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 23, 2013, 03:10:43 PM
Whatcha got in mind?

If I were West Sixth after all this shakes out I would put something like this on each label/can:
"not to be confused with a brewery in Vermont owned by a company in NY ran by a group out of Costa Rica"
 8)
Title: Re: West Sixth vs Magic Hat
Post by: garc_mall on May 23, 2013, 03:13:35 PM
Reading through the letters back and forth between the legal teams, I was thinking: "If there was a distributor that refused to distribute my beer because it looked too close to MH#9, I would WANT to change my logo so people wouldn't confuse my beer with #9." If distributors are stating that it could be confusing in the market, they probably know what they are talking about.

I still don't understand the problem with 9lb porter though.
Title: Re: West Sixth vs Magic Hat
Post by: MDixon on May 23, 2013, 03:17:38 PM
More FWIW - West Sixth posted on their site/FB in response to the distributor portion;
Quote
You said that “talks between the two breweries started in September of 2012 after marketplace concerns surfaced by a Kentucky wholesaler who refused to carry West Sixth Brewing because he felt it too closely resembled Magic Hat.” Unfortunately, that isn’t true at all. We have two distributors who distribute both us and Magic Hat without any sort of confusion. We’re sorry that this is what you were told. What actually happened between us and your distributor is this: After we had advanced negotiations to sign with your distributor they were told by another brand they carry that they should not distribute our beer.
Title: Re: West Sixth vs Magic Hat
Post by: nateo on May 23, 2013, 03:30:43 PM
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."
Title: Re: West Sixth vs Magic Hat
Post by: AmandaK on May 28, 2013, 08:16:33 PM
http://beerpulse.com/2013/05/west-sixth-says-amended-magic-hat-lawsuit-seeks-new-damages-brewers-enter-mediation-480/ (http://beerpulse.com/2013/05/west-sixth-says-amended-magic-hat-lawsuit-seeks-new-damages-brewers-enter-mediation-480/)

Man, I wish West Sixth would just pipe down already. Of course they're going to sue you for defamation. You incited people to attack them and their brand. Really immature.
Title: Re: West Sixth vs Magic Hat
Post by: nateo on May 28, 2013, 08:20:25 PM
Man, I wish West Sixth would just pipe down already. Of course they're going to sue you for defamation. You incited people to attack them and their brand. Really immature.

I wonder if West Sixth is completely unprofitable, and the owner is detonating the business to save face, so he can blame bankruptcy on someone else? I swear, it sounds like he has a death-wish for his company.
Title: Re: West Sixth vs Magic Hat
Post by: Jimmy K on May 29, 2013, 12:24:09 PM
"Look... me and the McDonald's people got this little misunderstanding. See, they're McDonald's... I'm McDowell's. They got the Golden Arches, mine is the Golden Arcs. They got the Big Mac, I got the Big Mick. We both got two all-beef patties, special sauce, lettuce, cheese, pickles and onions, but their buns have sesame seeds. My buns have no seeds."
Title: Re: West Sixth vs Magic Hat
Post by: Thirsty_Monk on May 29, 2013, 09:20:50 PM
Man, I wish West Sixth would just pipe down already. Of course they're going to sue you for defamation. You incited people to attack them and their brand. Really immature.

I wonder if West Sixth is completely unprofitable, and the owner is detonating the business to save face, so he can blame bankruptcy on someone else? I swear, it sounds like he has a death-wish for his company.

Yes it is puzzling. New cans with plates is much less then lawsuit.