Author Topic: Naming a beer Isn't that easy  (Read 3060 times)

Offline micsager

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Re: Naming a beer Isn't that easy
« Reply #15 on: June 13, 2013, 02:18:23 PM »
When I was only homebrewing, I got a business license under the name "Dungeness Brewing.  And a guy got on our clubs email list, using that name.  I politely asked him to stop, as I had the license.  He pointed out to me that he registered it as a DBA for a license he owned.  So, I told him I would stop using the name, as he registered that before me.

Then he opens a nano-nano brewery, and called it something else entirely. 

So, I resurrected my Dungeness Brewing name when I got my Brewer's Notice approved. 

And of course he contacted me, and told (did not ask) for me to not use that name, as he registered it years before.  (I had done my homework this time)  I asked him to show me where he had used the name in the retailing of beer, and I would stop. 

I haven't heard fro him since.  What I learned it is actual USE of a name that offers protection (along with trademark and business license stuff.  But no one can just register a name, not use it, and hold onto the rights. 

(at least in my state) 

Offline klickitat jim

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Re: Naming a beer Isn't that easy
« Reply #16 on: June 13, 2013, 03:37:38 PM »
So you are Dungeness? Do you bottle? Seems like I saw some in the islands last winter. Maybe it was just a sticker or a sign tho

Offline Pawtucket Patriot

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Re: Naming a beer Isn't that easy
« Reply #17 on: June 18, 2013, 05:33:46 PM »
What I learned it is actual USE of a name that offers protection (along with trademark and business license stuff.  But no one can just register a name, not use it, and hold onto the rights. 

(at least in my state)

Yep.  In the U.S., it's not registration of a trademark that necessarily gives you protection.  Rather, it's the actual use of the mark in commerce that gives rise to trademark protection.  Prior use of an unregistered mark may give rise to a claim against the registrant under state law, but only if the registrant is using the registered mark in the same state as that of the claimant (i.e., they are being used in the same market).
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Offline reverseapachemaster

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Re: Naming a beer Isn't that easy
« Reply #18 on: June 19, 2013, 01:18:55 PM »
The thing about a DBA or assumed name certificate is that it has very little legal effect in protecting a business name or trademark. The true purpose is to comply with state laws that help locate the owner of an entity for liability purposes. At best it provides a date that you might have started using a name for some purpose but it is in no way an equivalent of registering a trademark. I've had more than one client come into my office with that misconception.
Heck yeah I blog about homebrewing: Brain Sparging on Brewing but I'm also a lawyer: The Kielich Law Firm

Online mtnrockhopper

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Re: Naming a beer Isn't that easy
« Reply #19 on: June 20, 2013, 05:31:42 AM »
Also, in a trademark lawsuit you must prove that the infringement caused customer confusion with your product and damages. That would be hard to prove if you're not actually in business under that name.
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Offline factory

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Re: Naming a beer Isn't that easy
« Reply #20 on: June 20, 2013, 09:57:40 AM »
I never liked beers with funny / clever names.
i would like to know what I am drinking.

+1  I usually name my beers by the style and a version number.  I just named a beer "Factory Brown Porter #3".  it was the third iteration of the recipe, and I finally got what I was looking for.

Offline theoman

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Re: Naming a beer Isn't that easy
« Reply #21 on: June 21, 2013, 02:57:17 AM »
Would I get in trouble if I named all my beers after Led Zeppelin songs?

I'm only kinda joking.

Offline klickitat jim

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Re: Re: Naming a beer Isn't that easy
« Reply #22 on: June 21, 2013, 03:31:39 AM »
Would I get in trouble if I named all my beers after Led Zeppelin songs?

I'm only kinda joking.

Maybe try altering slightly
Stairway to Hopfen
Cohumulone Breakdown

I think the use of " " should do the trick, as in
Misty Mountain "Hop"