Breweries Fight Over Trademark Of Hikers That Don't Look Alike
from the take-a-hike dept
The ongoing saga of strange trademark battles between purveyors of sweet, delicious alcohol continues this week. This latest case revolves around two beer breweries. Long Trail Brewing Co. of Vermont makes a suite of brews that feature its trademarked logo, which includes the image of a generic hiker with a backpack. The company is suing Bent Paddle Brewing Co. of Minnesota over the labels used on its "Trail Series" of beer, which include two hiker images, the most similar of which is a stick figure that is about the size of the legal type section in a typical ToS agreement. Seriously, here are the two labels.
If you're confused as to whether or not those two labels represent that same brand of beer, you need immediate medical help. I'm forced to assume the dispute is over that tiny stick-figure guy at the top of the label, because cross-country skier guy on the other side of the can isn't even close in terms of being an infringing logo. Not that the one at the top is any better. Other than the reverse of two common colors in the illustration scheme, there isn't a whole lot of confusion to be had there. Not that this fact stopped Long Trail Brewing from hilariously claiming otherwise.
“Bent Paddle’s use of a hiker logo in connection with its ale products is likely to cause confusion and mistake and deceive consumers” as well as creating “the false and misleading impression that Bent Paddle’s products are manufactured by Long Trail, or are affiliated, connected or associated with Long Trail, or have the sponsorship, endorsement or approval of Long Trail, or are part of ‘The Long Trail Family of Fine Ales.’”Ah, yes, there is sure to be this confusion over a dissimilar generic hiker logo featured at the top of a beer label that features the rival brewery's name on it something like four times larger than the offending hiker. How clever of Bent Paddle to try to associate itself with a rival brewery by cleverly making sure everyone knows who actually made the beer in question. Keep in mind that Long Trail is asking for a ban of the logo, a recall of all beer sold with the logo, and triple damages and legal fees.
All for a stick figure. Way to go, guys.
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Filed Under: breweries, hikers, logos, trademark
Companies: bent paddle brewing, long tail brewing
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Meh, beer, who gives a frak?
The world would be a much better place if beer had never been invented.
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Re: Meh, beer, who gives a frak?
*Sings the beer song over and over*
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Re: Re: Only Beer Worth Drinking.......
The only beer worth drinking is Ginger Beer. Or if you are the right frame of mind, White Lightning (though it is a far second to the afore mentioned).
David Oliver Graeme Samuel Offenbach
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Re: Re: Re: Only Beer Worth Drinking.......
beer is actually the cradle of civilization...
(seriously)
now, if you are saying *most* major brands of beer in amerika are useless flagons of piss-water, i can't disagree with that...
further, if you are saying that so-called 'light' beers are not actually beer, but beer-flavored water, then i agree again...
(unless you want me to insult you AND yo mama, don't offer me a so-called 'light' beer and say it is a 'beer'; it is not...)
but if you are saying that the felicitous combination of hops, barley, yeast and water is not one of the best inventions of mankind, then you are sadly mistaken and i feel sorry for you...
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Re: Re: Re: Re: Only Beer Worth Drinking.......
David Oliver Graeme Samuel Offenbach
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Re: Re: Re: Re: Re: Only Beer Worth Drinking.......
I suppose you hate Jam (conserve to you weird Americans who like flavoured gelatin and call it jelly) and Scones (A light fluffy baked dough not the crap you serve with LARD!!!!) and cream (whipped and served by the BIG spoonful)
Vegemite is the food of the Gods and BEER be its liquid accompaniment!
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Re: Re: Re: Re: Re: Re: Only Beer Worth Drinking.......
As an American, I've never heard of a food called conserve. There seems to be widespread (ha ha) confusion here about what fruit spread is what and whether there's a difference, but supposedly preserves is made with whole fruit, jam with pieces of fruit, and jelly with fruit juice. Personally I like jam (preferably raspberry).
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Re: Re: Re: Re: Re: Re: Re: Only Beer Worth Drinking.......
Even in the US, only the cheap bad jellies contain gelatin. That's not actually representative of American cuisine.
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Re: Re: Re: Re: Re: Re: Only Beer Worth Drinking.......
Stuff stinks, looks bad and tastes even worse. My children thought it a great joke to offer me Vegemite toast as they were growing up.
I love jam and scones and cream particularly with a cold glass of ginger beer. Green Thai chicken curry or mustard infused Roast beef also go well with ginger beer.
David Oliver Graeme Samuel Offenbach
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Re: Re: Re: Re: Only Beer Worth Drinking.......
wine coolers not made with wine...
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Re: Re: Meh, beer, who gives a frak?
Beer and most wines have an incredibly foul sulfur content to them that makes super tasters gag and wretch.
In my case, even something as common as cilantro adds the overwhelming flavor/scent of bleach to a dish (the flavor reminds my olfactory senses as the scent of bleach), making anything with cilantro in it inedible.
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Re: Re: Re: Meh, beer, who gives a frak?
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Re: Re: Re: Re: Meh, beer, who gives a frak?
You are so wrong...
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Re: Re: Re: Re: Meh, beer, who gives a frak?
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Re: Re: Meh, beer, who gives a frak?
A long time ago, way back in history
When all there was to drink was nothing but cups of tea
Along came a man by the name of Charlie Mops
And he invented a wonderful drink, and he made it out of hops
Oh, he must have been an admiral, a sultan, or a king
And to his praises we shall always sing
Look what he has done for us, he's filled us up with cheer
Lord bless Charlie Mops, the man who invented beer, beer, beer. Tiddly beer, beer, beer
The Lord bless Charlie Mops! ;)
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Re: Meh, beer, who gives a frak?
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Re: Meh, beer, who gives a frak?
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Re: Re: Meh, beer, who gives a frak?
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Re: Meh, beer, who gives a frak?
Yes, your comment about beer is as asinine as the one above.
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what!!!
Saying that these breweries should have been able to sort this out without having to sue.
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Re: what!!!
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Re: what!!!
Keep in mind that Long Trail is asking for a ban of the logo, a recall of all beer sold with the logo, and triple damages and legal fees.
Triple damages is ridiculous, but I think the trademark claim is very reasonable.
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Re: Re: what!!!
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Time for a BEER SUMMIT with The Oath Breaker in Chief!!!
I mean it is BEER! Sorta like Red Stripe. It's beer Mon!
It's not like the hikers in question have been abducted by the Iranians or anything!!!
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It's not fair!
First, not all Sith Lords are trying to screw over the universe. It just ends up that way because Power Corrupts, & the Dark Side corrupts absolutely.
For example, Jacen Solo, aka Darth Caedus, was actually trying to save the universe when he chose (he didn't fall) to turn to the Dark Side. He believed a Galactic Civil War was the only way to prevent an even worse future.
Second, Obama doesn't have any Jedi/ Sith abilities (same ability set, Jedi just ignore certain ones), so the comparison falls flat.
Third, Sith Lords don't get caught trying to screw over the universe until it's too late. Since the Constitution is still, technically, in effect, Obama hasn't gotten to that point yet.
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Re: Time for a BEER SUMMIT with The Oath Breaker in Chief!!!
hint: this has been going on for some time.
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Confused beer drinkers drive 850 miles and purchase wrong beer
Google Maps shows that it is approximately 850 miles from Erie, PA. to St. Paul, MN.
Even the most drunk and confused of beer purchasers would most likely sober up while driving from Erie to Superior (or to St. Paul) and realize that they were after the wrong product. That is unless they were purchasing more beer enroute.
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Re: Confused beer drinkers drive 850 miles and purchase wrong beer
Just think of the guy that looks at his Long Trail beer bottle, logs onto the internet, accidentally finds Bent Paddle because he is looking for the logo using Google images rather than searching for the beer brand name, finds the Bent Paddle website, sees the logo, thinks that is there his Long Trail came from, gets into his car, drives more than 850 miles, and finds a beer that is not to his liking.
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Re: Re: Confused beer drinkers drive 850 miles and purchase wrong beer
I hereby volunteer to test the theory.
The only problem is that I am in Minnesota so I'll guess that I'll have to work the problem in reverse.
Time to hit the liquor store...
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Re: Confused beer drinkers drive 850 miles and purchase wrong beer
That would be a much better reason to dismiss this claim than the logos being dissimilar.
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Uh, both of those images are nearly identical to public park signs
http://www.visualphotos.com/photo/1x9049537/close-up_of_a_hiking_trail_road_sign_mammoth_hot_s prings_yellowstone_national_park_wyoming_usa_213812551.jpg
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Re: Uh, both of those images are nearly identical to public park signs
Someone should sue.
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likelihood of confusion
The defense based on the idea that the hiker logo is very small compared to the Bent Paddle logo is a weak defense. The idea seems to be "Since hiker is small and paddle is big, the consumer would reason that it's a Bent Paddle beer, not a Long Trail beer."
But you could easily shoot back with "Because they are on the same can, consumers are just as likely to think that Bent Paddle beer itself is made by Long Trail." Or they might think "Long Trail beers are made by Bent Paddle."
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Re: likelihood of confusion
So, "knowing better" may not have been an option.
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This is why
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If you can't see the difference...
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Drinking game
1 drink for every time we see one.
1 drink if it's a small brewery
2 drinks if they don't even sell in the same market
1 drink if the drink has a horrible pun name. (2 if both do)
1 drink if you needed all the above drinks to spot the similarity they even sued over.
Clearly the companies filing these suits are drinking to even find the issue. We may as well play along. Cheers!
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Re: Drinking game
Stupid logo.
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They're not claiming to be a famous mark, too, are they?
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Logo
The two hitchhikers look similar enough to me to bring this out of the frivolous realm.
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Re: Logo
Yeah, not to me. I would not have thought at all that the two products were from the same company.
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What goes around...
http://www.rogue.com/roguebeers/
vs.
http://longtrail.com//beers/limbo-ipa
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Similar but not alike
Bent Paddle hiker has a generic frame backpack, of the type sold by Walmart/Kmart.
Long Trail hiker is striding, as evidenced by the aggressive pitch of his hiking stick and extreme forward position of knee.
Bent Paddle hiker is strolling - legs are straighter, stick is at a more relaxed angle.
Conclusion:
Long Trail hiker is one of those dickheads you meet on expert trails in exotic parks. Might have a beer after a long day of hiking and being a dickhead. Won't offer you one.
Bent Paddle hiker is wandering around enjoying the day. Shape and size of pack indicates it carries 3 12-packs. Will offer you a beer on the trail and bullshit with you for a couple hours.
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Re: Similar but not alike
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WHAT IT LOOKS LIKE ME
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Re: WHAT IT LOOKS LIKE ME
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I guess I need medical help
That said, this is one of those Techdirt posts that make me cringe. Beside the legal aspects that are glossed over, the needless comments about how dumb one would have to be to confuse the two brands make the writer seem clueless on the subject matter. There are so many good examples of IP overreach and IP abuse out there, but this is not one of them. The writer is so cock sure in his comments, but just plain wrong about the subject matter.
There are several aspects common to both designs. Both feature a hiker, within a colored circle, and the colors used in both designs are almost identical, though used in different places within the design. That alone would probably give Long Trail the win. But you also have the can colors that are nearly identical, gold and green, and the print colors of red and white. The similar trail/hiking subject matter and the fact that the offending beer is part of a “Trail Series” go a bit further to cement the issue.
It doesn’t matter that the hiker guy is generic looking, or similar to some other logo used by the Park Service, or any other products. A hiker might be generic for camping equipment or trail gear, but it is not generic for beer. Long Trail has an established history of using a hiker design on beer products, in these colors, with no previous coexistence with other beers using such images and colors. They have several US registrations that feature the hiker design and these colors (thus the treble damages if it goes to Federal court). Whether folks like it or not, Long Trail owns the hiker image for beer and they’d be stupid not to protect it.
Long Trail may not currently sell their products in areas where Bent Paddle sells their products, but they do supply their beer to distributors in other state in the US, establishing inter-state commerce. Long Trail may well sell their beer in other locations in the future and if they don’t challenge Bent Paddle now it might come back to bite them if they want to expand their business.
Long Trail is correct to take action and they will prevail in this case, either in court or more likely in settlement. Bent Paddle either didn’t do enough research to see what else was out there before they launched, or they’re intentionally trading on Long Trail’s goodwill. I would venture a guess that Long Trail tried to soft approach and asked Bent Paddle to voluntarily change their design, but were ignored of rebuffed. Either way, if Bent Paddle has good counsel they will settle and make some changes to their can design.
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Re: I guess I need medical help
Techdirt is certainly "anti-IP," and sadly, Mike can't explicitly admit it. Ask him to clearly present his views on anything IP-related, and his response makes it seem like you asked him to sacrifice his first-born child. But the posts speak for themselves. We all know where he stands. That he can't admit it is priceless fun for me.
That said, this is one of those Techdirt posts that make me cringe. Beside the legal aspects that are glossed over, the needless comments about how dumb one would have to be to confuse the two brands make the writer seem clueless on the subject matter. There are so many good examples of IP overreach and IP abuse out there, but this is not one of them. The writer is so cock sure in his comments, but just plain wrong about the subject matter.
I agree. This post is terrible. There's no actual infringement analysis, such as the strength of the senior mark, the defendant's intent, or the consumer's degree of care. The author fails to demonstrate even a basic understanding of trademark infringement. Posts like this make me laugh when Mike attempts to smear other sites for their lack of journalistic prowess, as with the recent series of posts slamming HuffPo. Mike should get his own house in order before throwing stones. His own team of "journalists" come across as morons. Journalism!
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Re: Re: I guess I need medical help
Posted on your wife's laptop today?
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Streisand Effect as advertising
Maybe sometimes companies use the Streisand Effect to their advantage. After all, outside of these two breweries' market and some beer fans, who else has heard of these companies? Now everyone has!
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Neither of those brews is available where I live. But if I had noticed the little hiker logo, in conjunction with the colour scheme, I would likely (in fact, probably) have assumed that there was some connection -- a faux micro-brew, a partnership, or just that it was a plain old, subsidiary brand.
I'm not going to take sides on this case. One one hand, there's far too much "IP" abuse out going around; on the other hand, this seems like a legitimate (though not necessarily intentional) instance of potential brand confusion.
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Trademarks and infringing
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and the owner is....?
That being said, I couldn't blame anyone for wanting to nip it in the bud before the little occasional use logo becomes a big logo on everything and markets overlap.
Rightly so, I believe (and I'm in MN), Bent Paddle will not produce anymore product with the "hiker" but no money was paid other than a friendly donation between the two breweries to each others' local trail system.
The original suit seems heavy handed but I guess ya gotta leave room for negotiation just like garage sales.
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