Author Topic: Do you suppose I'd get sued...  (Read 2389 times)

Offline morticaixavier

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Do you suppose I'd get sued...
« on: June 23, 2014, 10:09:03 AM »
if I opened a brewery and called it Fullers of Davis?

How about is I specialized in British style ales?

What if my flagship beers were 'Davis Pride' and Fullers ESB? (is that last one just pushing it too far?)

I theoretically have every right to the name Fullers as it IS my last name.

Not that I'm actually considering it but it's thought that has wandered across my mind from time to time.
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Re: Do you suppose I'd get sued...
« Reply #1 on: June 23, 2014, 10:17:44 AM »
Look into the drama that schflay (sp?) is having. Your name don't mean squat sometimes.

Offline 69franx

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Re: Do you suppose I'd get sued...
« Reply #2 on: June 23, 2014, 10:48:35 AM »
Look into the drama that schflay (sp?) is having. Your name don't mean squat sometimes.
Steve, I googled that story and it is a nightmare of a dispute. Phyllis and the doctor sound ridiculous and A-B/Inbev is now is dispute with them as well. Not going to get any easier anytime soon!
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Offline Jimmy K

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Re: Do you suppose I'd get sued...
« Reply #3 on: June 23, 2014, 11:09:12 AM »
I'm sure you would. If you used "Fuller's of Davis" religiously, maybe you could win saying that it's distinct from "Fuller's"... after going bankrupt from legal fees of course because they'd still sue and you'd have to fight it. I doubt it matters what kind of beer you make. The name 'Fullers ESB' is also trademarked.  It believe there are no special rights to use your own name in business.
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Re: Do you suppose I'd get sued...
« Reply #4 on: June 23, 2014, 11:39:59 AM »
Look into the drama that schflay (sp?) is having. Your name don't mean squat sometimes.
Steve, I googled that story and it is a nightmare of a dispute. Phyllis and the doctor sound ridiculous and A-B/Inbev is now is dispute with them as well. Not going to get any easier anytime soon!


That Natty Light lawsuit is interesting. I learned about the Natty Light nickname in college and had no idea that it was trademarked way back in the 70's. I guess it goes to prove that we younger folks aren't as clever as we think.

Offline hopfenundmalz

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Re: Do you suppose I'd get sued...
« Reply #5 on: June 23, 2014, 12:12:23 PM »
The actual nam of the brewery is Fuller's, Smith, and Turner, but I am sure they have Fuller's trademarked.

The only ESB in the UK is Fuller's ESB, as ESB is trademarked in the UK. You can use ESB in the US.
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Offline guido

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Re: Do you suppose I'd get sued...
« Reply #6 on: June 23, 2014, 01:31:40 PM »
if I opened a brewery and called it Fullers of Davis?

How about is I specialized in British style ales?

What if my flagship beers were 'Davis Pride' and Fullers ESB? (is that last one just pushing it too far?)

I theoretically have every right to the name Fullers as it IS my last name.

Not that I'm actually considering it but it's thought that has wandered across my mind from time to time.

Since they're both beers, you'd probably be SOL.  At one of this year's NHC seminars, a lawyer said, for example, there's no problem with Delta faucets and Delta airlines because they're a different product, so no confusion.  Even though it's your name, it doesn't matter--same is if someone else bought the .com domain rights to your name.
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Offline euge

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Re: Do you suppose I'd get sued...
« Reply #7 on: June 23, 2014, 03:25:57 PM »
Perhaps "J. Fuller's Extra Special Bitter" and "Jonathan Pride" would work. ;)
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Offline klickitat jim

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Re: Do you suppose I'd get sued...
« Reply #8 on: June 23, 2014, 03:36:00 PM »
Would you be competing against them in their marketing area? If not I doubt it would be that big of a deal. Could you imagine Sierra Nevada suing a girl named Sierra Nevada in Pakistan for naming her beer after herself?

Offline morticaixavier

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Re: Do you suppose I'd get sued...
« Reply #9 on: June 23, 2014, 03:57:50 PM »
Would you be competing against them in their marketing area? If not I doubt it would be that big of a deal. Could you imagine Sierra Nevada suing a girl named Sierra Nevada in Pakistan for naming her beer after herself?

except I can go out right now and buy a bottle of Fullers ESB. not at it's best to be sure but...
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Offline HoosierBrew

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Re: Do you suppose I'd get sued...
« Reply #10 on: June 23, 2014, 04:07:50 PM »
You could try  'JFullers EBS'  -  Extra Bold Saison. Or not. Carry on.    ;)
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Offline Kinetic

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Re: Do you suppose I'd get sued...
« Reply #11 on: June 23, 2014, 04:16:11 PM »
If they heard of you, then you would receive a cease and desist letter.  If you told them to go pound sand, then you might get sued. 

Offline klickitat jim

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Re: Do you suppose I'd get sued...
« Reply #12 on: June 23, 2014, 04:30:13 PM »
If they heard of you.... thats the key. I'm pretty sure if you were in davis only, and didn't mimick their logo, probably yur fine.

If you wers big eniugh for Fullers to target you? Not a bad problem to have. Your martyrdom would make you even more famous.

Offline AmandaK

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Re: Do you suppose I'd get sued...
« Reply #13 on: June 23, 2014, 05:43:34 PM »
If they heard of you.... thats the key. I'm pretty sure if you were in davis only, and didn't mimick their logo, probably yur fine.

If you wers big eniugh for Fullers to target you? Not a bad problem to have. Your martyrdom would make you even more famous.
Look up Exit 6 Brewery on the Google.

 One of his customers made a blend of beers (espresso stout and cream ale) that the customer called 'Frappacino' and checked it into Untappd. Starbucks (yes, Starbucks) sent him a cease and desist letter. The brewery owner made out like a bandit in good PR.
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Offline Thirsty_Monk

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Do you suppose I'd get sued...
« Reply #14 on: June 23, 2014, 06:57:35 PM »
Go to USPTO and do trademark search.
http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4806:8o343h.1.1

There 101 Fullers live trademarks check them out and see.

Usually it is bad idea to go to business and anticipate to have trademarks problems. There are more important things to do. Like brew beer and make sales.
« Last Edit: June 23, 2014, 06:59:50 PM by Thirsty_Monk »
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