Lucasfilm Disputes Empire Brewing's 'Strikes Bock' Trademark Application

from the the-power-of-the-dark-side dept

Fri, Oct 31st 2014 11:48am — Timothy Geigner

Here we go again. For some reason, alcohol products, particularly beer, seem to make everyone go trademark crazy. This latest case concerns Empire Brewing Company out of New York (you know, the "Empire State") and their latest brew released in bottle form, called "Strikes Bock." Do you already know where this is going? I'm pretty sure you already know where this is going.

Lucasfilm has filed a trademark dispute with a small brewery in Syracuse, New York. Empire Brewing Co., named after New York’s Empire State Building, recently applied for a trademark for its signature lager, Strikes Bock, according to Syracuse.com. The Star Wars producer contends Empire’s beer infringes on Lucasfilm trademarks and could be used to deceive consumers or cause brand confusion.

Of course, Lucasfilm, now featuring a litigation supercharger in the form of Disney ownership, has filed a trademark dispute. As best as the internet can tell me, there is no such thing as a Star Wars beer produced by Lucasfilm. As the trademark opposition itself notes, the trademark that Lucasfilm has is for "toys, games, apparel, video/computer games, personal-care products, paints, trading cards, confections, prerecorded films and music, books, magazines, music and entertainment services." I don't see beer. Or any other kinds of beverages. The best Lucasfilm can come up with in its opposition filings is that Lucasfilm licensed the "Skywalker" name to Skywalker Vineyards, which makes Skywalker wines. But it still seems like a stretch to argue there's a likelihood of confusion here, rather than just a basic homage to the film.

“The thing is the beer is called ‘Strikes Bock,’ not ‘Empire Strikes Bock,’” Empire Brewing Co. owner David Katleski said. “It’s ‘Strikes Bock,’ by Empire.”

That may sound like a minor difference, but add to it the fact that Empire Brewing Company's name is not in itself under dispute and their logos and packaging to date are in no way similar to any Star Wars films, and what we end up with is an obvious nod to the film -- one which won't cause any brand confusion -- that's being disputed by Lucasfilm just to be a pain in the ass. It's worth noting, by the way, that Strikes Bock certainly isn't the only such craft beer nod. Here's a list of some more, including my favorite.

Lucasfilm might have a marginally stronger argument as a dilution claim, but especially given that it's not actually "Empire Strikes Bock," or even "Empire's Strike Bock," but "Strike Bock by Empire Brewing Company," even the dilution claim feels a bit iffy.

Katleski has hired a lawyer, but he also acknowledges his small brewery doesn't have the money to contend with Lucasfilm in the long run if they decide to throw their money behind this. Of course, there is a reasonable flip side to this, which is that if they're just such a small brewery, why did the company even bother filing for a trademark in the first place? The company doesn't need the trademark to sell the beer. It could easily rely on common law trademark instead of getting a registered one, saving it some money (and calling in the attention of Lucasfilm/Disney lawyers). In the end, though, we just have another trademark dispute that doesn't seem to serve any real benefit to anyone.

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Filed Under: beer, empire, strikes bock, trademark
Companies: empire brewing company, lucasfilm

20 Comments

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Anonymous Coward, 31 Oct 2014 @ 11:54am

Dilution claims
They should've made it a doppelbock. Then there'd be no dilution claim!
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Anonymous Coward, 31 Oct 2014 @ 12:04pm

There was a case many years ago where McDonalds sued a start-up motel chain called "McSleep". While the defendants claimed they were trading on the legendary frugality of the Scots- McD's claimed that it one day may wish to get into the hospitality business and such similarity would cause confusion or otherwise diminish its brand and reputation. Court ruled for Hamburglar et al.
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Anonymous Coward, 31 Oct 2014 @ 12:11pm

we just have another trademark dispute that doesn't seem to serve any real benefit to anyone.

It benefits the lawyers, which is the main reason for IP.
/s
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- Anonymous Coward, 31 Oct 2014 @ 1:40pm
  
  Re:
  Actually, I'd say your statement isn't sarcastic, at all.
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- Cerberus™, 3 Nov 2014 @ 4:42am
  
  Response to: Anonymous Coward on Oct 31st, 2014 @ 12:11pm
  That, too; but additionally, the beer now gets loads of media attention on the internet. They are using Lucas Film's lawyers as a free publicity machine. The Streisand Effect can be exploited by the other side.
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Special addition version, 31 Oct 2014 @ 12:43pm

Disney and anything
Having just watched Hardware wars the special addition, I want my money back for the SW special addition VHS set I bought.
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tqk (profile), 31 Oct 2014 @ 1:08pm

Mickey Mouse Beer?
I'd just like to point out the popular meaning of the phrase, "mickey mouse", as in, "Well, that sounds pretty mickey mouse"; as in pathetic. "What is it, negative 2% alcohol?" Maybe they could pawn it off on kindergartners, Mormons, or Muslims, but nobody else would want it.

On another note, Skywalker Vineyards? Who'd want to name a vineyard that? More likely, D's lawyers stumbled across a vineyard that'd been called that for generations, and shook them down for use of the name.
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Anonymous Coward, 31 Oct 2014 @ 1:22pm

Another Disney shake down of a small business, nothing new there. I am sure Walt would be proud, and who knows, one day he might be, as I hear his head is on ice somewhere.
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Adam, 31 Oct 2014 @ 1:32pm

not really sure
I don't think the owner of Empire is correct in his statement about the name. If I order a Sam Adams Octoberfest at a bar, I say Sam Adams Octoberfest, not Octoberfest by Sam Adams.
That said, my ordering an Empire Strikes Bock (and I will as soon as I can find one) isn't going to make any difference to Disney's bottom line.
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- Eldakka (profile), 2 Nov 2014 @ 5:41pm
  
  Re: not really sure
  Would you really order an "Empire Strikes Bock"? That full phrase?
  
  Most people I think would order an "Empire", or a "Bock", or some other abbreviation.
  
  I don't think I've ever heard anyone order a beer that has a 3 or 4 word name use all the words. Even 1-word beers are often abbreviated even further.
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  - Anonymous Coward, 3 Nov 2014 @ 5:56am
    
    Re: Re: not really sure
    Most people I think would order ... a "Bock"
    
    Bock is a style of beer. There are even sub-styles of bock.
    
    beeradvocate.com: search: bock
    Found: 2918
    Not logged-in. Results limited to first 25 (or less) results.
    
    . . . .
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Anonymous Coward, 31 Oct 2014 @ 1:56pm

Sounds like Lucasfilm is worrying over another phantom menace that amounts to little. A beer with some clever wordplay in the label is not a clone; wars in the courtroom over stuff like this is ridiculous.

Then again, I am an optimist. There's always room in my heart for a new hope that Lucasfilm will be more sensible in the "defending" of their tradmarks.
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Anonymous Coward, 31 Oct 2014 @ 2:52pm

Wow... that's what George is into these days.

Good thing he left the whole Star Wars franchise for good!
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Anonymous Coward, 31 Oct 2014 @ 2:54pm

Dark Helmet beer???
Does Mel Brooks know about this? Did he give permission? (read the label.)

And where can I get some?
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Anonymous Coward, 31 Oct 2014 @ 3:37pm

May the force with with them.
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ChrisB (profile), 2 Nov 2014 @ 6:35am

Clear case of trademark infringement
This is actually a clear case of trademark infringement. The fact that the "Empire" in their name is not Star Wars related, makes it clear what they are doing.

But what are you really saying? There shouldn't be any trademark protection? Or just no trademark protection for large companies?

I used to read Techdirt a lot. For years. These ridiculous clickbait articles may draw some controversy and views, but they are the reason I don't read Techdirt anymore.
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- Anonymous Coward, 2 Nov 2014 @ 4:31pm
  
  Re: Clear case of trademark infringement
  Says the person who just read the article and commented.
  
  Didn't bother reading the article and just commented or are you just full of it?
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tomczerniawski, 2 Nov 2014 @ 1:29pm

"The Star Wars producer contends Empire’s beer infringes on Lucasfilm trademarks and could be used to deceive consumers or cause brand confusion."

Man, it's true. I've always had difficulty discerning between movies and bottles of beer. Thank goodness for this lawsuit.
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Dangleberry the Occasionally Confused, 3 Nov 2014 @ 1:58am

Can I just point out that
beer is most definitely a personal-care product. :)
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andrews, 4 Nov 2014 @ 3:47am

There is a Surprise Here
The state of NY is just full of people infringing any Lucas/Disney trademark rights in ``Empire''. I offer no view as to how strong the movie-related claims may be.
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