[thetooth]

What if they just remove all of the vowels? "Strng Brw"

That will still contain a "G", so you'd still owe Gmac $1.  Damn, now I owe him $2.  LOL

[nateo]

"Strange brewing" brewery needs to change their name because it's dull, unimaginative, and nondescript. This legal wrangling is a good excuse.

[bunderbunder]

Strange Brew trademark (that is alive) was registered in 2007 for beer and beer supply retail.
http://tess2.uspto.gov/bin/showfield?f=doc&state=4002:ul55e4.2.2

The federal trademark is registered for the homebrew shop. The strange brewing brewery was established in 2010 and by the trademark has no chance to win this dispute.

From the homebrew shop perspective. They have to defend their trademark otherwise they would lose the trademark. It is that cut and dry. I do not think that homebrew shop owner is happy to pay the legal fees ether.

There's even a piece of homebrewing software called Strange Brew that's been around since well before they registered that trademark.

Is there a provision similar to prior art in patent law? Would they also lose their trademark (or at least their claim to rights over disparate business types across a wide geographic area) if it comes out in court that somebody else was there first?

[rjharper]

Strange Brew trademark (that is alive) was registered in 2007 for beer and beer supply retail.
http://tess2.uspto.gov/bin/showfield?f=doc&state=4002:ul55e4.2.2

The federal trademark is registered for the homebrew shop. The strange brewing brewery was established in 2010 and by the trademark has no chance to win this dispute.

From the homebrew shop perspective. They have to defend their trademark otherwise they would lose the trademark. It is that cut and dry. I do not think that homebrew shop owner is happy to pay the legal fees ether.

There's even a piece of homebrewing software called Strange Brew that's been around since well before they registered that trademark.

Is there a provision similar to prior art in patent law? Would they also lose their trademark (or at least their claim to rights over disparate business types across a wide geographic area) if it comes out in court that somebody else was there first?

It would depend if the software had made any efforts to protect the name. You can use the TM where you don't have the registered trademark, and the (R) if you do. Having the prior art with the TM is usually Stronger if it comes to a fight

To me the take home message is do a thorough USPTO search before you do anything else. Then use the TM mark immediately on all potentially trademarks, names, logos, tag lines etc, and file for the trademarks in a timely manner.

[corkybstewart]

It has become clear that my continued use of the on-line name "gmac" clearly establishes my unique and individual use of the letter "g".  It has also been noticed that many of you are using the letter "g".  Please remit 1 dollar or one bottle of homebrew to me for each unapproved use of the letter "g" that you have committed in the past 2 years. 
Thank you
"g" mac

I'm surprised General Motors hasn't nailed you to the wall yet.  GMAC(General Motors Acceptance Corporation) is(was?) the financing and insurance arm of GM.

[euge]

ouch.

[Thirsty_Monk]

Strange Brew trademark (that is alive) was registered in 2007 for beer and beer supply retail.
http://tess2.uspto.gov/bin/showfield?f=doc&state=4002:ul55e4.2.2

The federal trademark is registered for the homebrew shop. The strange brewing brewery was established in 2010 and by the trademark has no chance to win this dispute.

From the homebrew shop perspective. They have to defend their trademark otherwise they would lose the trademark. It is that cut and dry. I do not think that homebrew shop owner is happy to pay the legal fees ether.

There's even a piece of homebrewing software called Strange Brew that's been around since well before they registered that trademark.

Is there a provision similar to prior art in patent law? Would they also lose their trademark (or at least their claim to rights over disparate business types across a wide geographic area) if it comes out in court that somebody else was there first?

It would depend if the software had made any efforts to protect the name. You can use the TM where you don't have the registered trademark, and the (R) if you do. Having the prior art with the TM is usually Stronger if it comes to a fight

To me the take home message is do a thorough USPTO search before you do anything else. Then use the TM mark immediately on all potentially trademarks, names, logos, tag lines etc, and file for the trademarks in a timely manner.

Trademark does not have "prior art". They expire every 10 years unless renewed. Also trademark is for business category.
This is why you an have Delta Airlines and Delta Faucet and Delta Insurance. They are in different line of business.

Even-thou movie would TM Strange Brew and Software company would TM Strange Brew and hmebrew shop would TM Strange Brew they could have live TMs because they are in different line of business. In the other side Strng Brw brewing in beer category would not be approved for TM because it would be consider miss leading.

It is that simple. Homebrew shop is protecting their trademark and brewery has no wiggle room.

[ynotbrusum]

If anyone would know, it would be you, Leos.  The change from Thirsty to Lazy was the result of a similar issue, right?  Still, I think this HBS is going to regret the enforcement action.  They are effectively black balling themselves from those who are aware of their actions.  Being legally right can still mean that a backlash for enforcing the legal right will cause you to lose ground overall.

[nateo]

If anyone would know, it would be you, Leos.  The change from Thirsty to Lazy was the result of a similar issue, right?  Still, I think this HBS is going to regret the enforcement action.  They are effectively black balling themselves from those who are aware of their actions.  Being legally right can still mean that a backlash for enforcing the legal right will cause you to lose ground overall.

I totally agree. If you work hard to develop a business, and build your brand, and register your trade name, you really shouldn't fight if someone tries to take it from you because they couldn't spend 10 seconds on goolge to see if the name was taken already.

[hopfenundmalz]

It has become clear that my continued use of the on-line name "gmac" clearly establishes my unique and individual use of the letter "g".  It has also been noticed that many of you are using the letter "g".  Please remit 1 dollar or one bottle of homebrew to me for each unapproved use of the letter "g" that you have committed in the past 2 years. 
Thank you
"g" mac

I'm surprised General Motors hasn't nailed you to the wall yet.  GMAC(General Motors Acceptance Corporation) is(was?) the financing and insurance arm of GM.

Was. Now reorganized as Ally Financial (or something lake that).

[mmitchem]

This really bothers me. It just really isn't in the craft beer spirit. Pretty silly for a homebrew shop to do something so negative to themselves like this. Just bad stuff, bad I tell you all.

[Thirsty_Monk]

If anyone would know, it would be you, Leos.  The change from Thirsty to Lazy was the result of a similar issue, right?  Still, I think this HBS is going to regret the enforcement action.  They are effectively black balling themselves from those who are aware of their actions.  Being legally right can still mean that a backlash for enforcing the legal right will cause you to lose ground overall.

Good or bad. If you are aware of that someone is infringing on your TM you have to defend it. I am still bitter what happened to me but at least it happened before our beer was out. At the end of the day I think Lazy is better then Thirsty.

Moral of the story is: If you are going to open a brewery, do a USPO trademark search. Then trademark your brand name. This is only way to protect yourself.

[ynotbrusum]

If anyone would know, it would be you, Leos.  The change from Thirsty to Lazy was the result of a similar issue, right?  Still, I think this HBS is going to regret the enforcement action.  They are effectively black balling themselves from those who are aware of their actions.  Being legally right can still mean that a backlash for enforcing the legal right will cause you to lose ground overall.

Good or bad. If you are aware of that someone is infringing on your TM you have to defend it. I am still bitter what happened to me but at least it happened before our beer was out. At the end of the day I think Lazy is better then Thirsty.

Moral of the story is: If you are going to open a brewery, do a USPO trademark search. Then trademark your brand name. This is only way to protect yourself.

Agreed.  Even so, the value of the Trademark should bear some weight in the argument - here they took a name that was already widely used by others for a use relating to beer and want to close the door behind them for future use by others where little to no confusion in the marketplace is occurring.  Sometimes the law has to catch up to the facts in order to properly apply.

[theDarkSide]

I'm surprised General Motors hasn't nailed you to the wall yet.  GMAC(General Motors Acceptance Corporation) is(was?) the financing and insurance arm of GM.

Was. Now reorganized as Ally Financial (or something lake that).

But still doing business under GMAC Mortgage?  Now I'm totally confused on who to send my mortgage payment to?  GMAC or GMAC? 

I also find it strange that they feel they must defend their trademark from a brewery 2000 miles away but have no problem with a beer establishment 60 miles away from their shop.

[hopfenundmalz]

I'm surprised General Motors hasn't nailed you to the wall yet.  GMAC(General Motors Acceptance Corporation) is(was?) the financing and insurance arm of GM.

Was. Now reorganized as Ally Financial (or something lake that).

But still doing business under GMAC Mortgage?  Now I'm totally confused on who to send my mortgage payment to?  GMAC or GMAC? 

I did a quick search, and it looks like several were spun off as GMAC Mortgage, GMAC Insurance, and GMAC ResCap. The auto loan part is now the Ally Financial.