. . . my client has generated a massive customer base spanning the entire United States, including well over two dozen active customers throughout Colorado and Metropolitan Denver.
Over two dozen throughout Colorado and Metropolitan Denver?! Business is obviously gangbusters! It's no wonder they go to such extremes to protect their brand!
These two operate in vastly different geographical regions and in distinct markets. There may be some overlap, but people interested in craft beer know the difference. And having an internet business doesn't grant you trademark dominance throughout the universe, especially when you've only captured a measly 24+ customers in the region where the alleged infringement is occurring.
When I was in law school, I sat in on a summary judgment hearing on a trademark dispute between two restaurants. One was a chain based in D.C., the other here in Minneapolis. The D.C. chain opened a restaurant in the Minneapolis area and began aggressively trying to make the Minneapolis restaurant change its name. The D.C. chain is called Cosi Sandwiches. The Minneapolis establishment was called Kozy's Steaks and Seafood (eponymously named after the owner, Bob Kozlowski, a longtime restaurant owner in the Twin Cities). Cosi is a casual/fast-food operation that serves sh!tty, overpriced sandwiches served on usually-stale flatbread. Kozy's is no longer in business, but it was an upscale steaks and seafood joint in a fairly affluent part of town. I'll never forget what Chief Judge Michael Davis (federal district of Minnesota) said at the end of the oral argument: "Well, gentlemen. I've eaten at both establishments, and I've got to tell you -- I've never been confused."