Author Topic: Bell's files lawsuit against Innovation - AKA suck it Bell's  (Read 7616 times)

Offline MDixon

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #90 on: March 20, 2015, 12:17:57 PM »
The latest rumor was Pharrell was to be sued for Happy.
http://radio.com/2015/03/19/marvin-gaye-children-pharrell-open-letter-blurred-lines/

I could hear the Marvin Gaye similarities in Blurred Lines.


Somehow I see this one becoming an issue at some point in the future if anyone takes the time to listen.
https://www.youtube.com/watch?v=MJBzDY93aDw
Sounds like to me it takes from Natasha Bedingfield as well as Youngblood Brass Band (@2:31) with a bit of Fugees thrown in for good measure.
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Offline majorvices

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #91 on: March 20, 2015, 12:24:54 PM »
Good article on the original topic

It's time for craft brewers to stop acting like children.

Quote
By trying this matter in the court of public opinion instead of, you know, the federal trademark office, both breweries succeeded only in airing some procedural dirty laundry that in no way helps beer drinkers or buyers. By opening those screeds with pap like “To Our Wonderful Craft Beer Community” and “To Bell’s customers and the passionate craft beer community,” each tried to play to what they clearly believe is craft beer fans’ inflated sense of justice and moral clarity. Never mind that the customers of each brewery are members of that same community, or that this whole thing could have been resolved behind closed doors if Bell’s just kept its mouth shut and Innovation had the good sense to, you know, bring a lawyer to the U.S. Patent and Trademark Office to defend its trademark application.

Offline hopfenundmalz

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #92 on: March 21, 2015, 01:02:14 AM »
Here is one that has a Brewery have a challenge from a rapid transit system. Boycott those bullies!
http://sf.eater.com/2015/3/19/8260113/bart-fiftyfifty-brewing-lawsuit-beer-barrel-aged
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Offline MDixon

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #93 on: March 21, 2015, 01:04:30 PM »
BART actually thinks that a beer named B.A.R.T. may hurt their brand? I guess they forgot Fruitvale Station already kinda put a black cloud over it.
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Offline Thirsty_Monk

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Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #94 on: March 22, 2015, 01:11:27 AM »
Trademark is per business type. This is why we can have Delta Airlines, Delta faucet, delta Dental...

Transport and beer are not in the same category/business type.
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Offline majorvices

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #95 on: March 22, 2015, 02:58:21 AM »
Trademark is per business type. This is why we can have Delta Airlines, Delta faucet, delta Dental...

Transport and beer are not in the same category/business type.

yep

Offline JT

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Offline HoosierBrew

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #97 on: March 23, 2015, 11:14:41 PM »
When good guys quarrel.
http://www.mlive.com/business/west-michigan/index.ssf/2015/03/black_white_flame_3_floyds.html


Now THAT is how this crap should be settled.  I love 3Floyds anyway, now even more.
Jon H.

Offline MDixon

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #98 on: April 06, 2016, 04:16:49 PM »
My guess is most people forgot about this long ago.

In case you are wondering where this is now, earlier this year it was moving forward with a timeline to be concluded by July of this year. Then in early February Bell's lawyers dropped 1,313 pages of documents in the lap of the Innovation Brewing lawyer 322 days after the CLOSE of discovery. Either the Bell's lawyer is inept or it was a dick move to cost Innovation additional time and money.

http://ttabvue.uspto.gov/ttabvue/v?pno=91215896&pty=OPP&eno=31
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Offline 69franx

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #99 on: April 06, 2016, 05:00:59 PM »
Mike, cant read the whole thing here at work, but I will assume it is nasty legal tactics at work. Thanks for posting
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Offline blair.streit

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #100 on: April 06, 2016, 06:10:34 PM »
I don't like it either, but let's not gloss over the fact that US patent and trademark law is setting up a difficult structure for these guys.

In spite of that, when marketing and lawsuits start taking up significant portions of your time and money that has to come at the expense of other things. I don't think this will do anything to improve the quality of their beer or the morale of the people that choose to get up and come to work there every day. No winners here....

Offline Steve Ruch

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #101 on: April 10, 2016, 04:28:56 PM »
I'm from the government and I'm here to help.

RUN AWAY! RUN AWAY!
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Offline Steve Ruch

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #102 on: April 10, 2016, 04:33:57 PM »
Trademark is per business type. This is why we can have Delta Airlines, Delta faucet, delta Dental...

Transport and beer are not in the same category/business type.

Wouldn't Bart be smart to advertise "After going B.A.R.T. go BART?" Win-Win.
« Last Edit: April 10, 2016, 04:36:34 PM by Steve Ruch »
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Offline Steve Ruch

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #103 on: April 10, 2016, 04:40:38 PM »
I don't know that it pertains, but recently there was a music law suit in the news where it was alleged that the new song infringed by having the same vibe as a Marvin Gaye song. Not same lyrics, not same melody, not same title... it just felt the same. It was upheld, so could this apply at some level in beer? Could a label or other marketing be liable for having the same vibe? Hmmm, fat tire vs chain breaker? Don't they both have a bicycle feel?

Some years ago the record label that owned the rights to the Credence Clearwater Revival catalogue sued Tom Fogarty for plagiarizing himself on a new release.
The judge ruled that Tom Fogarty had a unique sound and he wasn't plagiarizing himself.
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RPIScotty

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Re: Bell's files lawsuit against Innovation - AKA suck it Bell's
« Reply #104 on: April 10, 2016, 05:00:21 PM »
I don't know that it pertains, but recently there was a music law suit in the news where it was alleged that the new song infringed by having the same vibe as a Marvin Gaye song. Not same lyrics, not same melody, not same title... it just felt the same. It was upheld, so could this apply at some level in beer? Could a label or other marketing be liable for having the same vibe? Hmmm, fat tire vs chain breaker? Don't they both have a bicycle feel?

Some years ago the record label that owned the rights to the Credence Clearwater Revival catalogue sued Tom Fogarty for plagiarizing himself on a new release.
The judge ruled that Tom Fogarty had a unique sound and he wasn't plagiarizing himself.

John Fogarty.