Magic Hat

Year in Beer(law)

A look back at some of the craft beer industry’s legal issues (w/ pictures) in 2013 (click on the links below for more coverage):

The people behind Headwaters Brewing came up with the Headwaters name in 2009 and went public with the name in 2010 at the Haywood County Chamber of Commerce business start-up competition. In January 2012, before Headwaters turned pro,Victory Brewing Company released its Headwaters Pale Ale. But Victory also filed a federal trademark application. Shortly after opening, Headwaters received a cease-and-desist letter from Victory. Headwaters remarked that it was a “great lesson in intellectual property protection for do-it-yourself and small business guys” and changed the brewery’s name to BearWaters.

In March, DuClaw Brewing of Maryland sent a cease-and-desist letter to Ska Brewing after registering the EUPHORIA mark for beer. However, Ska claimed use of Euphoria for its pale ale back to 2005 while DuClaw’s application claimed use […]

By |January 3rd, 2014|Blog|10 Comments

A Primer on Trademark Law and Recent Trademark Disputes in the Beer Industry

Please read the upcoming issue of American Brewer magazine for Ross’ article about how to best select your mark and avoid dispute.

When seeking trademark protection, it is important to begin with a distinctive mark. Trademark laws are designed to protect consumers from being confused about the source and affiliation of a given product or services. A consumer looking for a product build upon quality should not be tricked into purchasing goods or services that are confusingly similar to another that may simply be leeching off of the goodwill of the other. This also has the secondary effect of protecting the goodwill created by trademark owners that have built their business on quality.

Why Register?

—Federal registration is prima facie evidence of the registrant’s ownership of the mark. 15 U.S.C.S. § 1057(b). Federal registration of a mark constitutes constructive nationwide use of the mark from […]

By |August 12th, 2013|Blog|1 Comment