Author Topic: Do you suppose I'd get sued...  (Read 1713 times)

Offline hopfenundmalz

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Re: Do you suppose I'd get sued...
« Reply #15 on: June 23, 2014, 07:12:28 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.

+1 Leos.
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Offline majorvices

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Re: Do you suppose I'd get sued...
« Reply #16 on: June 24, 2014, 01:14:20 AM »
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...

This is exactly why you will get sued. No question about it.  It's going to confuse people anyway. "Fuller's has a brewery here, now?" Which is exactly why the real Fuller's has copyright/trademark rights. To keep out imposters from profiting off their name.

I can't understand why you wouldn't want an original beer name. And unless you like working for free, don't open a brewery. ;)
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Offline morticaixavier

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Re: Do you suppose I'd get sued...
« Reply #17 on: June 24, 2014, 07:21:20 AM »
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...

This is exactly why you will get sued. No question about it.  It's going to confuse people anyway. "Fuller's has a brewery here, now?" Which is exactly why the real Fuller's has copyright/trademark rights. To keep out imposters from profiting off their name.

I can't understand why you wouldn't want an original beer name. And unless you like working for free, don't open a brewery. ;)

I have zero intention of opening a brewery named Fuller's worry not my fair friends. more an abstract conversation.
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Online klickitat jim

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Re: Do you suppose I'd get sued...
« Reply #18 on: June 24, 2014, 07:28:24 AM »
How does that work? Would Jonathan have to go to England to face justice? What if he just ignored them, wouldn't they need the President's permission to extradite? If im wrong,  if they can just grab you and fly you to their country,  then I might have to start calling my beer Innis and Gunn

Offline Thirsty_Monk

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Re: Do you suppose I'd get sued...
« Reply #19 on: June 24, 2014, 07:29:03 AM »
Still the USPTO search is your VERY important resource.


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Offline morticaixavier

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Re: Do you suppose I'd get sued...
« Reply #20 on: June 24, 2014, 07:29:53 AM »
Still the USPTO search is your VERY important resource.




thanks! I know you had a little trouble with that yourself.
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Offline Thirsty_Monk

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Do you suppose I'd get sued...
« Reply #21 on: June 24, 2014, 07:32:23 AM »
How does that work? Would Jonathan have to go to England to face justice? What if he just ignored them, wouldn't they need the President's permission to extradite? If im wrong,  if they can just grab you and fly you to their country,  then I might have to start calling my beer Innis and Gunn
Not lawyer but I think complain have to Be filed in state where infringement happened.

Well first you would get a warning letter to stop infringing.
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Online Jimmy K

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Re: Do you suppose I'd get sued...
« Reply #22 on: June 24, 2014, 07:36:13 AM »
How does that work? Would Jonathan have to go to England to face justice? What if he just ignored them, wouldn't they need the President's permission to extradite? If im wrong,  if they can just grab you and fly you to their country,  then I might have to start calling my beer Innis and Gunn
They have a US trademark. They'd sue in a US court. Their trademark attorney in Alexandria, VA would take care of it.
 
http://www.trademarkia.com/fullers-73598175.html
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Offline speed

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Re: Do you suppose I'd get sued...
« Reply #23 on: June 24, 2014, 07:39:45 AM »
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...

This is exactly why you will get sued. No question about it.  It's going to confuse people anyway. "Fuller's has a brewery here, now?" Which is exactly why the real Fuller's has copyright/trademark rights. To keep out imposters from profiting off their name.

I can't understand why you wouldn't want an original beer name. And unless you like working for free, don't open a brewery. ;)

I am opening a brewery later this year and now you are telling me I am not going to make any money, thanks for the let down :'( ;)

Online Jimmy K

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Re: Do you suppose I'd get sued...
« Reply #24 on: June 24, 2014, 07:46:36 AM »
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.
How original the name is part of what determines the scope of your trademark protection. So a common word like Delta, Delaware, or any other place name or dictionary word will have protection that's more limited to the exact nature of your business. Frappacino, being made up, gets broader protection because it's a more unique name. That said - they're both beverages.
 
These days trademark infringement seems like a sound way to get some short-term PR. Not sure if that translates into long term sales though.
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Offline corkybstewart

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Re: Do you suppose I'd get sued...
« Reply #25 on: June 24, 2014, 09:46:46 AM »
Our company fought a copyright infringement lawsuit a few years ago.  It was frivolous from the start but it still cost us 1 million dollars and change to win, plus it consumed 2 whole years and lead to my boss's death from the stress.  Hearing the judge ream the opponent for all the BS he put us through was gratifying, but we still were out a million dollars. 
Don't even think of infringing on somebody's trademark.  This thread would come in as evidence and you''d get hammered because you were aware of the situation and did it anyway.  I don't know what happened to the Thirsty Monk, but I'm sure it was unpleasant and costly.
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Offline boulderbrewer

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Re: Do you suppose I'd get sued...
« Reply #26 on: June 24, 2014, 11:21:22 AM »
I think Thirsty Monk had to send all those t-shirts and hats that were made to Africa just to get rid of them. ;)
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Offline reverseapachemaster

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Re: Do you suppose I'd get sued...
« Reply #27 on: June 24, 2014, 03:38:07 PM »
Trademark infringement is bad stuff. If you are infringing on another party's mark then at best you have to give up all the work you put into building that brand. At worst you get sued and the court orders you to give up the infringing content plus you pay their attorney fees and your own.

A search of the USPTO trademark database should be your starting point but it's not the only search you should do. You should also search your state's mark database if your state provides trademark registration (as I think all do) as well as a basic internet search. Trademarks do not have to be registered with federal or state offices. They can be protected under common law rights. Your search should be for both images and names.
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Offline Thirsty_Monk

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Re: Do you suppose I'd get sued...
« Reply #28 on: June 24, 2014, 04:08:43 PM »

Our company fought a copyright infringement lawsuit a few years ago.  It was frivolous from the start but it still cost us 1 million dollars and change to win, plus it consumed 2 whole years and lead to my boss's death from the stress.  Hearing the judge ream the opponent for all the BS he put us through was gratifying, but we still were out a million dollars. 
Don't even think of infringing on somebody's trademark.  This thread would come in as evidence and you''d get hammered because you were aware of the situation and did it anyway.  I don't know what happened to the Thirsty Monk, but I'm sure it was unpleasant and costly.

It was valuable lesson learned early on. No too much harm when looking back.


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Offline Thirsty_Monk

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Re: Do you suppose I'd get sued...
« Reply #29 on: June 24, 2014, 04:09:45 PM »

I think Thirsty Monk had to send all those t-shirts and hats that were made to Africa just to get rid of them. ;)
Not too far from truth.
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