« on: January 13, 2015, 07:45:23 PM »
Here is a quick analysis of an intellectual property attorney (me):
Per the article citing the Complaint there are 4 elements that in combination make up the Lagunitas IPA mark:
The unique “IPA” lettering used in the Lagunitas “IPA” Family of Trademarks has a distinctive serif font, distinctive kerning (or letter spacing), between the “P” and the “A”, slightly aged or weathered look, with uneven areas on each of the letters, and the elimination of any periods between the letters. These elements together are unique to the iconic design of the Lagunitas IPA.
Without looking at the Complaint itself, it appears then that each of these elements are needed or perhaps just most of them for there to be trademark infringement.
What elements are in common?
distinctive serif font but quite different because Lagunitas has spaces between the lines
distinctive similar kerning (or letter spacing) between the P and A
slightly aged or weathered look, with uneven areas on each of the letters, this is the most distinctive part of the label but it is entirely missing
- elimination of any periods between the letters, but this is the least important element.
I frankly don't see a "substantial similarity," which is the test for trademark infringement, because the least important element, the missing periods, is there, two of the other elements are only partly there, and the most important one, the "weathered look" is completely missing. In addition, Lagunitas labels are very simple while Sierra Nevada labels are very complicated.
Who should I send my bill to?