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Messages - krantul

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General Homebrew Discussion / Re: These guys need to clean up their act
« on: November 16, 2012, 09:27:59 AM »
Strange Brewhomebrew supplier is not adversely affected in my mind by the CO group's use of the name.

Strange Brew's trademark for the sale of homebrew supplies is not harmed by Strange Brewing's activities.  But they do have a second trademark on the name for beer, filed in 2007, because they had 'intent to use' for a brewery themselves.  I don't find the geography relevant in the dispute to be relevant, as both the existing Strange Brewing and the future Strange Brew breweries would doubtless enjoy distributing beer to each other's states if they could ever grow to that level; it may seem unlikely, but there is potential, and thus potential for market confusion.

I proposed the earlier hypotheticals to try and get people to look at this from different perspectives.  The A-B one was to reverse this whole David-Goliath metaphor that some people are trying to perpetuate and illustrate who sympathies might shift when a different party is involved but the overall trademark situation is otherwise the same. 


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General Homebrew Discussion / Re: These guys need to clean up their act
« on: November 14, 2012, 02:28:08 PM »
Hypothetically..

1. Suppose I open a homebrew shop called "Surly Brew Homebrew Supply" in Massachusetts.  Although Surly Brewing's beer is pretty much only sold in Minnesota, and they are homebrewer-friendly as they come, do you believe that they would not defend their trademark?  Particularly if I had a stated intent to start a brewery as well? Who would you sympathize with in this circumstance?

2. What if Strange Brewing were not a bunch of nice guy craft brewers, and were instead yet another craft beer shell company owned by Anheuser-Busch, would you still think the homebrew shop was being petty about their trademark?

And the last point I'd make is: folks are picking on the homebrew shop for lawyering up so fast instead of sending a polite email.  But Strange Brewing was evidently aware of the homebrew shop and the trademark when they started their company; they could have sent the shop an email on day one inquiring if there'd be a conflict with the name, and apparently chose not to.

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