[HoosierBrew]

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.

I'll admit when I'm wrong and it looks like I was, assuming the article dkfick posted is accurate. With the long history of BMC bullying small craft breweries (and some big ones), it's easy to jump on the bigger brewery as the bad guy, often deservedly so. But not every time. I agree Innovation needs to be more 'innovative' and pick a less generic, more unique and creative name.

[Joe Sr.]

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.

And then, when they defend their trademark, who is being dickish?

[reverseapachemaster]

I don't quite see how Innovation Brewing would ever be confused as Innovation Brew Works.

Can guys with a JD comment on that?

It's a question of whether customers could be confused by the similarity. The standard is a generic customer rather than a beer snob. Would a generic customer, walking into a bar, really identify a difference between Brewing and Brew Works? I'm not sure they would, especially when we tend to discuss breweries by leaving off the brewing/brewery/etc. So it would be very easy for somebody to read about or overhear a discussion about one Innovation and mistakenly believe it could be the other. That might not be bad if both breweries are good but if one isn't then the brewery with the superior beers is at risk for losing business over the confusion.

[hopfenundmalz]

How many of the Pros here have attorneys?

As a friend who has a brewpub says - "Your first hire should be your attorney. The second should be your accountant."

[denny]

How many of the Pros here have attorneys?

As a friend who has a brewpub says - "Your first hire should be your attorney. The second should be your accountant."

Based on my interaction with breweries around here, the well though out ones with good funding all do.  But that's probably 25% of the breweries around here.  Most of them are underfunded one or two man startups that can't even afford to pay themselves, let alone an attorney.  Penny wise, pound foolish IMO.

[AmandaK]

How many of the Pros here have attorneys?

As a friend who has a brewpub says - "Your first hire should be your attorney. The second should be your accountant."

Based on my interaction with breweries around here, the well though out ones with good funding all do.  But that's probably 25% of the breweries around here.  Most of them are underfunded one or two man startups that can't even afford to pay themselves, let alone an attorney.  Penny wise, pound foolish IMO.

Indeed.

We have plenty of new startups in KC. Only three I know of started with a lawyer, accountant, and trained/experienced brewer - outside of themselves. Those are (not so) oddly the ones I frequent. They just have better beer, which seems to stem from better planning.

[reverseapachemaster]

How many of the Pros here have attorneys?

As a friend who has a brewpub says - "Your first hire should be your attorney. The second should be your accountant."

Of the smaller breweries I have interacted with, scant few have ever worked with an attorney. There are a number of brewery owners who think of attorneys as not just a luxury but a waste of money. That attitude isn't specific to brewing; it's common across small businesses and people generally.

[majorvices]

How many of the Pros here have attorneys?

As a friend who has a brewpub says - "Your first hire should be your attorney. The second should be your accountant."

We do.

[MDixon]

http://www.citizen-times.com/story/news/local/2015/03/13/bells-brewery-name-dispute-bullying/70298722/

[hopfenundmalz]

"Posted with a picture of a keg of Bell's beer in a trash can, The Bywater tweeted Wednesday, "As of today, the Bywater will no longer serve Bell's Brewing."

That sure looks like a "tin tacker", not a keg.

[a10t2]

How many of the Pros here have attorneys?

Yo. I'm not sure how you could responsibly run a brewery without an attorney on retainer, and Colorado is an extraordinarily beer-friendly state.

[duboman]

And so it continues....
http://www.wlos.com/news/features/top-stories/stories/local-bars-drop-bells-beer-light-lawsuit-20059.shtml#.VQRE-hn0DqB

[Jimmy K]

Problem is all this bad publicity for Bells will likely weaken Innovation's case in court.

[hopfenundmalz]

There have been quite a few disputes of late.

Will New Belgium get any flack in their adopted state of NC once that brewery opens for going after the little brewery in TX? Have any NB tap handles been lost in Asheville just on principle?

Next time I go to Asheville I will leave my Bell's logo vest at home in the closet. 

[reverseapachemaster]

There have been quite a few disputes of late.

Will New Belgium get any flack in their adopted state of NC once that brewery opens for going after the little brewery in TX? Have any NB tap handles been lost in Asheville just on principle?

Next time I go to Asheville I will leave my Bell's logo vest at home in the closet. 

There are a very small number of places in Texas that claimed to have dropped NB but most of the outrage about the situation dropped over after a week or two. I expect the same to occur here.