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Author Topic: Moonlight Brewing files to cancel the Moonlight Meadery trademark  (Read 9582 times)

Offline hopfenundmalz

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #15 on: April 22, 2016, 01:06:15 pm »
Moonlight Brewing's beers have been great to well, not so good for me. The Reality Czech was not very good the first time I had it, second it was sublime. At the 2009 NHC in Oakland many friends commented that the beers were buttery.
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Offline MDixon

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #16 on: April 22, 2016, 01:17:44 pm »
2009 was exactly when I found them all pretty awful. We went to a particular restaurant in Santa Rosa simply because they had Moonlight Brewing beers. The restaurant was just ok and with less than stellar beers we left as soon as we finished eating. BeerAdvocate would suggest the beers are now back on track.
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Offline toby

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #17 on: April 22, 2016, 02:26:38 pm »
We recently got a cease and desist notice from a winery in New Jersey for one of our flag ship beers "Lost Highway". In spite of Hank William's legacy in Alabama, we chose not to fight this and change the name. It sucked to change the name but under legal advice we did. There really isn't precedence in disputes between wineries and breweries. Perhaps this will change things one way or another.

Trust me, I didn't need another reason to hate New jersey. ;)

FYI, there is definitely a beer named "Lost Highway" (a black IPA) by Mother Road in AZ.  There appears to also be a Lost Highway Brewing Company in CO.  You went the way that Clown Shoes did with Vampire Slayer (funny enough also due to a winery suing them).  On the other hand, changing the entire name of a brewery or meadery isn't quite as simple, especially considering that Michael's meadery is definitely more well known in the US.

Offline blair.streit

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Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #18 on: April 22, 2016, 03:40:43 pm »
To me this is all just more evidence that our patent and trademark laws are not really helping businesses succeed. This case is significantly nuanced, but look at some of the stuff between Samsung, Apple and Google over the patent for clicking a phone number and having it automatically dial that number. Is that convenient -- yes. Should every other company have to pay the company that filed the patent first (or bought that company) -- probably not.

We're all watching the consolidation in the beer industry, but so far it's been mostly about financially successful brewers buying breweries that make good beer. Just wait until they're buying breweries that make bad beer only for the name. Then we'll know we've really jumped the shark.

Offline hopfenundmalz

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #19 on: April 22, 2016, 05:56:52 pm »
2009 was exactly when I found them all pretty awful. We went to a particular restaurant in Santa Rosa simply because they had Moonlight Brewing beers. The restaurant was just ok and with less than stellar beers we left as soon as we finished eating. BeerAdvocate would suggest the beers are now back on track.
Flavor? That has been up and down too when we were there. Last time was pretty good.
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Offline majorvices

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #20 on: April 23, 2016, 04:52:31 am »
We recently got a cease and desist notice from a winery in New Jersey for one of our flag ship beers "Lost Highway". In spite of Hank William's legacy in Alabama, we chose not to fight this and change the name. It sucked to change the name but under legal advice we did. There really isn't precedence in disputes between wineries and breweries. Perhaps this will change things one way or another.

Trust me, I didn't need another reason to hate New jersey. ;)

FYI, there is definitely a beer named "Lost Highway" (a black IPA) by Mother Road in AZ.  There appears to also be a Lost Highway Brewing Company in CO.  You went the way that Clown Shoes did with Vampire Slayer (funny enough also due to a winery suing them).  On the other hand, changing the entire name of a brewery or meadery isn't quite as simple, especially considering that Michael's meadery is definitely more well known in the US.

Yeah, we knew that and our name predates them. We would only have asked someone  to change the name if it crossed into our territory. The winery in a question hadn't even made the wine since 2006. We knew about them too but didn't think it was going to be a problem.

Offline MDixon

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #21 on: April 23, 2016, 07:09:42 am »

Flavor? That has been up and down too when we were there. Last time was pretty good.

Yep, Flavor Bistro.
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Offline toby

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #22 on: April 24, 2016, 11:12:53 am »
Yeah, we knew that and our name predates them. We would only have asked someone  to change the name if it crossed into our territory. The winery in a question hadn't even made the wine since 2006. We knew about them too but didn't think it was going to be a problem.

Yeah, some people's children.  It looks like the timing was also intentional with Moonlight.  Apparently you cannot file to cancel a mark if it's been in use more than 5 years.  Moonlight Meadery was about a month shy of hitting that.

Offline MDixon

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #23 on: April 24, 2016, 11:25:45 am »
Is it 5 years from filing/application, or from actually receiving the mark?

It appears that blog post got shared quite a bit recently, even by Michael on Facebook. I haven't noticed any comments yet on the post.
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Offline toby

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #24 on: April 24, 2016, 12:21:18 pm »
Is it 5 years from filing/application, or from actually receiving the mark?

That I'm not sure about.  Michael just posted about it on Facebook a couple days ago and that when he checked dates, they were about a month short of the 5 year mark.

Offline ethinson

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #25 on: April 25, 2016, 12:56:59 pm »

We're all watching the consolidation in the beer industry, but so far it's been mostly about financially successful brewers buying breweries that make good beer. Just wait until they're buying breweries that make bad beer only for the name. Then we'll know we've really jumped the shark.

I guess everyone's definition is bad, but I'd argue this has already happened.  People keep buying and selling the rights to brew really old brandmarks like Pabst and Stroh's and Rainer etc etc.  From everything I've heard, the beers in the can are all exactly the same they just use a different label and so they aren't even different beers anymore, just generic adjunct lager that they can sell for 25cents a can on double wing night and people get all nostalgic about it even though it's crap beer. 

Granted, I've not shied away from a 2$ 16oz PBR on occasion so I'm just as guilty.
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Offline blair.streit

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #26 on: April 25, 2016, 01:55:13 pm »
I guess everyone's definition is bad, but I'd argue this has already happened.  People keep buying and selling the rights to brew really old brandmarks like Pabst and Stroh's and Rainer etc etc.  From everything I've heard, the beers in the can are all exactly the same they just use a different label and so they aren't even different beers anymore, just generic adjunct lager that they can sell for 25cents a can on double wing night and people get all nostalgic about it even though it's crap beer. 

Granted, I've not shied away from a 2$ 16oz PBR on occasion so I'm just as guilty.
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Offline MDixon

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #27 on: April 26, 2016, 09:37:12 am »
Just noticed at Homebrew Con (gaging on the name) both Michael Fairbrother and Candace Moon will be in attendance and presenting, though not together. Could be an interesting discussion if they were to meet.
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Offline Stevie

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #28 on: April 26, 2016, 09:40:36 am »
Just noticed at Homebrew Con (gaging on the name) both Michael Fairbrother and Candace Moon will be in attendance and presenting, though not together. Could be an interesting discussion if they were to meet.
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Offline toby

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Re: Moonlight Brewing files to cancel the Moonlight Meadery trademark
« Reply #29 on: April 26, 2016, 10:23:47 am »
Just noticed at Homebrew Con (gaging on the name) both Michael Fairbrother and Candace Moon will be in attendance and presenting, though not together. Could be an interesting discussion if they were to meet.

I was already going to Michael's, and now I may have to check into the other one.