Author Topic: Bell's files lawsuit against Innovation - AKA suck it Bell's  (Read 5531 times)

Offline macbrews

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #45 on: March 12, 2015, 09:05:29 PM »
I hope I'm rich enough to sue people someday.

Get a lawyer who works on contingency.  You don't need to be rich to sue, you just need to sue someone rich.

Or sue someone with no resources and bully them into submission

Offline a10t2

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #46 on: March 12, 2015, 09:46:48 PM »
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because of allegations posted on Bell’s Brewery’s Facebook page we now have to defend ourselves.

Sigh... No. No, you don't. Anyone involved here could be the one to step up and act like an adult.
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Offline HoosierBrew

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #47 on: March 12, 2015, 09:49:17 PM »
Or sue someone with no resources and bully them into submission

^^^^ The point all along IMO.  Bell's isn't the first, won't be the last. Dickish nonetheless.
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Offline hopfenundmalz

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #48 on: March 12, 2015, 10:19:54 PM »
Technically, no lawsuit has been filed, and no C&D. A trademark challenge was made, which triggers a review hearing. Best to have a lawyer, but not required.

If Innovation NC gets their trademark, what are they going to do about the CA Innovation? They will have to protect their trade mark. A CA carve out, or a C&D?
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Offline majorvices

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #49 on: March 12, 2015, 10:46:59 PM »
Quote
To Our Wonderful Craft Beer Community:
We felt it was important to get our story out to the media because this is an important matter for the craft beer industry. .....
....You great people don’t deserve to be peppered with sides of the story. So we will give you a full account of the facts so you can decide for yourself. We are good people and we know we have your support. Stay tuned.
-Chip and Nicole

Still not buying Bell's... ;)

I think Good People Brewing should immediately sue Bell's. ;)
« Last Edit: March 12, 2015, 10:58:17 PM by majorvices »

Offline MDixon

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #50 on: March 13, 2015, 01:30:19 AM »
I don't quite see how Innovation Brewing would ever be confused as Innovation Brew Works.

I also don't see how Innovation Brewing as a TM should worry Bell's and "Bottling Innovation since 1985."

I still scratch my head to figure out how Innovation Brewing and Inspired Brewing are similar other than the Brewing part.

The only similarity I can determine is they both start with the letter I and both contain at least one N and another I.
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Offline hopfenundmalz

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #51 on: March 13, 2015, 01:38:28 AM »
I don't quite see how Innovation Brewing would ever be confused as Innovation Brew Works.

Can guys with a JD comment on that?
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Offline majorvices

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #52 on: March 13, 2015, 01:57:07 AM »
I don't quite see how Innovation Brewing would ever be confused as Innovation Brew Works.

I also don't see how Innovation Brewing as a TM should worry Bell's and "Bottling Innovation since 1985."

I still scratch my head to figure out how Innovation Brewing and Inspired Brewing are similar other than the Brewing part.

The only similarity I can determine is they both start with the letter I and both contain at least one N and another I.

The best part of this for me is you couldn't see the "9" and "6" logo similarities..... that actually eats at me a bit.

Offline klickitat jim

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #53 on: March 13, 2015, 03:53:18 AM »
How long till someone sues because the other guys used "brewery" or "beer"? I'm thinking it's a rite of passage. You haven't made it till you've sued someone.

This could all be setting with a round of bare fisted manno de manno

Offline MDixon

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #54 on: March 13, 2015, 10:28:30 AM »
The best part of this for me is you couldn't see the "9" and "6" logo similarities..... that actually eats at me a bit.

Drunk, standing on my head, and without my glasses maybe...otherwise no. ;)
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Offline majorvices

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #55 on: March 13, 2015, 10:49:08 AM »
The best part of this for me is you couldn't see the "9" and "6" logo similarities..... that actually eats at me a bit.

Drunk, standing on my head, and without my glasses maybe...otherwise no. ;)

This makes me want to bap you on the head a hundred times with a whiffle ball bat....

Offline Joe Sr.

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #56 on: March 13, 2015, 02:19:31 PM »
I don't quite see how Innovation Brewing would ever be confused as Innovation Brew Works.

Can guys with a JD comment on that?

I'm trying to stay away from this thread, but...

I don't think it requires a law degree to come up with arguments around this.  You need the lawyers to cite case law and precedent, but anyone can argue.

If you wanted to argue it, from either side, it's as easy as pointing out that to a customer unfamiliar with the specifics of either one of those companies, a google search could wind up on the other and be confusing.  Thus, lost business due to the other company using your trademarked name.  Intentional or not, they are confusing your customers and poaching your business (or simply causing you to lose business, in the event the two companies produce different products).  Protecting your trademark eliminates the confusion and protects your customer base.

If you google a 6, you're not likely to get a 9.  But if you're drinking and enjoying #9 your judgement is questionable to begin with, IMO.
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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #57 on: March 13, 2015, 02:40:52 PM »
it's as easy as pointing out that to a customer unfamiliar with the specifics of either one of those companies, a google search could wind up on the other and be confusing.  Thus, lost business due to the other company using your trademarked name.

In this case, it would be lost business due to another company being allowed to trademark a word already in common use in the marketplace, but yeah.

The real lesson here is to pick a creative name for your brand.
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Offline dkfick

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #58 on: March 13, 2015, 02:43:45 PM »
heh, according to Larry Bell I guess Innovation was willing to give up the trademark for a 6 figure payout...

EDIT:  The link might help... http://mibiz.com/item/22297-editor%E2%80%99s-notebook-larry-bell-unsettled-by-anger-toward-bell%E2%80%99s-brewery
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Offline Jimmy K

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #59 on: March 13, 2015, 02:53:59 PM »
it's as easy as pointing out that to a customer unfamiliar with the specifics of either one of those companies, a google search could wind up on the other and be confusing.  Thus, lost business due to the other company using your trademarked name.

In this case, it would be lost business due to another company being allowed to trademark a word already in common use in the marketplace, but yeah.

The real lesson here is to pick a creative name for your brand.
I noticed on the trademark application that there is a disclaimer that the company does not claim 'Brewing' as a mark separate from 'Innovation' (which is appropriate). But there is no such limit for 'Innovation' which could cause real problems.
 
Really, I don't see where Innovation sees this going. If they are awarded the trademark, they must defend that mark against EVERY OTHER BREWERY using that word. If they don't, they loose it anyway. I'd pick a more innovative name, pun intended.
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