Beer in the news

[darciandjenn]

But no one refers to Dogfish Head as "Dog".

[canuck]

But no one refers to Dogfish Head as "Dog".

Oh, so what people call it makes all the difference?? Dunno, this kind of stuff just irks me.

[dean2k]

I have to say I disagree. Lots of people refer to Moosehead beer as "Moose" (or Moose Light, Moose Green, Moose Dry)... etc. It makes sense to restrict the usage of that word when your entire brand is built around it. Furthermore, I don't think notifying Stock brewery that they are in violation of the trademark is "bullying".

Maybe that's an unpopular opinion - oh well.

Perhaps the problem is whatever system allowed for the trademark of the word "Moose" in Canada. Absolutely ludicrous. Regardless, given the branding on the cans as shown in the article, I seriously doubt Oland is losing any market share directly to Angry Moose and Friendly Moose. Moosehead the entity is not threatened. And for Andrew Oland to personally call a small-time Sudbury brewery to inform them that they are violating trademark smacks of bullying to me. But that may be an unpopular opinion as well.

[CorneliusAlphonse]

Moose drool

[canuck]

And I was hoping to name one of my beers Moose Knuckle.

[canuck]

I have to say I disagree. Lots of people refer to Moosehead beer as "Moose" (or Moose Light, Moose Green, Moose Dry)... etc. It makes sense to restrict the usage of that word when your entire brand is built around it. Furthermore, I don't think notifying Stock brewery that they are in violation of the trademark is "bullying".

Maybe that's an unpopular opinion - oh well.

Perhaps the problem is whatever system allowed for the trademark of the word "Moose" in Canada. Absolutely ludicrous. Regardless, given the branding on the cans as shown in the article, I seriously doubt Oland is losing any market share directly to Angry Moose and Friendly Moose. Moosehead the entity is not threatened. And for Andrew Oland to personally call a small-time Sudbury brewery to inform them that they are violating trademark smacks of bullying to me. But that may be an unpopular opinion as well.

My thoughts exactly.

[LiverDance]

And I was hoping to name one of my beers Moose Knuckle.

There are ways around anything...http://districtbrewing.ca/" onclick="window.open(this.href);return false;

This was at the brewers bash last summer

[darciandjenn]

I think it's all about context. Moosehead likely has protection over the word "moose" in the context of beer. I think that's reasonable, others may not.

And if you don't defend your trademark / restriction then it's not worth the money you paid for it as it can actually lead to the loss of your trademark...

[canuck]

And I was hoping to name one of my beers Moose Knuckle.

There are ways around anything...http://districtbrewing.ca/" onclick="window.open(this.href);return false;

This was at the brewers bash last summer

LOL, what a great workaround. Never seen that beer before.

[dean2k]

I think it's all about context. Moosehead likely has protection over the word "moose" in the context of beer...

According to the article, that is the exact context. However, I would still argue that whatever system that allowed for the trademark (even in regards solely to beer) of such a loosely applied term/concept as "Moose", especially in Canada, should never have been allowed to go through in the first place. And at the end of the day, Moosehead is pushing their weight around knowing full well that a small brewery can't lawyer up against their corporate resources. Imagine if Keith's got the rights "India" in regards to beer in Canada?

[darciandjenn]

Well, I think we'll have to agree to disagree on this one. As I said, if you don't defend your trademark (or whatever it is in this case) you are likely to lose it (see Asprin in the US as a fairly famous example) so I understand why Moosehead would make the phone call.

[chicanuck]

I have to say I disagree. Lots of people refer to Moosehead beer as "Moose" (or Moose Light, Moose Green, Moose Dry)... etc. It makes sense to restrict the usage of that word when your entire brand is built around it. Furthermore, I don't think notifying Stock brewery that they are in violation of the trademark is "bullying".

Maybe that's an unpopular opinion - oh well.

....And for Andrew Oland to personally call a small-time Sudbury brewery to inform them that they are violating trademark smacks of bullying to me. But that may be an unpopular opinion as well.

Maybe I am missing something, but for Andrew Oland to take the time to call this brewery seems like a very professional first step to resolve the legal issue. He could have just had his lawyers send the guy a letter and started the process that way, then the small brewery would have had to pay his lawyers to respond, etc, etc, etc.

If the main disagreement is the fact that Moosehead has trademarked the word "Moose" as it relates to beer, that seems like a very different complain.....and valid IMO.

[dean2k]

Yep. Just my 2 cents.

[mcgster]

I can assure you if someone started selling beer labeled as "Keith's" anything, even if their last name was keith they would get a cease and desist order from Alexander Keith's lawyers.

I have to agree that calling them himself is, i feel, a very professional thing to do. Bullying is having a lawyer do it, being courteous is doing it yourself. I have no love for moosehead but i think they handled this well.

[mr x]

I'd brew a beer called deadmoose, with appropriate characters.

[the-mailman]

It's unfortunate he has to change the name of the beer but I think the tone of the article is biased. It leads you to believe the big company is the bad guy when Stack Brewing obviously didn't do their homework to ensure they weren't infringing on an existing trademark. The owner of Oland even took the time to call personally to request they stop using the word Moose instead of sending the lawyers. It certainly could have turned into a legal battle, but Oland is in the right. Maybe he can add a few more Os and make it Moooose. Still pronounced the same but spelled differently.

[dean2k]

See, I take that personal call in a totally different manner. Just because he called personally certainly doesn't mean it was a polite conversation. Read how the Stack folks said "there is only one moose in Canada". Again, just my 2 cents

[mcgster]

I've worked for a business for the last 10 years and when our owner reached out directly it was always a sign of courtesy, the lawyers made contact when courtesy wasn't in the cards.

[the-mailman]

See, I take that personal call in a totally different manner. Just because he called personally certainly doesn't mean it was a polite conversation. Read how the Stack folks said "there is only one moose in Canada". Again, just my 2 cents

Yes, I saw that too but he doesn't attribute that comment to Oland, may just be his realization that Oland is right and there can be only one.

[dean2k]

Guess I'm just a pint glass is half empty kind of guy. Doesn't sound like Stack are voluntarily giving up on those names when I read how buddy sounds beat down and defeated, saying he doesn't have the funds to go challenge a major brewery. I'll finishing commenting on this article with this: to me this is all unnecessary, over-litigious, and sad. Makes me wonder if breweries are going to now go out and try to trademark Rock, River, Sea, Wood, Water, House, etc. as it applies to beer.

[the-mailman]

Well someone was able to trademark the name of a fruit so anything is possible. lol

[CorneliusAlphonse]

Bridge had to change their name, bridges are pretty common in Canada too. A bit different situation but still

[dean2k]

Well someone was able to trademark the name of a fruit so anything is possible. lol

I lied. One more post:

[mr x]

Has anyone trademarked 'Axe-murderer Ale'?

[mcgster]

The more i look into this the more i wonder they even wrote a news story about it.

Moose has been registered as a trademark for beer products in Canada since 1978 all the guy had to do was look it up for free, no lawyer required.

http://www.ic.gc.ca/app/opic-cipo/trdmr ... exOnPage=1" onclick="window.open(this.href);return false;