University Of Idaho Sends Cease And Desist Over Vandal Beer Business Name
from the beer-me! dept
There is something about the beer and liquor industries that seems to attract unfortunate trademark disputes. The craft beer industry in particular has been recently plagued with these disputes, in large part due to the growth that industry has undergone coupled with once-small craft breweries going corporate and retaining aggressive legal teams. Many of the disputes are intra-industry, with one brewery attacking another over a perceived trademark issue.
But that's not always the case. Occasionally we also see a trademark dispute needlessly erupt from a source outside the beer industry. That is most certainly the case with the University of Idaho, which has the mascot name "The Vandals", for some reason sending a cease and desist notice to an alumnus looking to open his Vandal Beer company.
The University of Idaho sent a letter this week to Vandal Beer owner R. Austin Nielsen asking him to stop using the Vandal Beer name, citing trademark infringement, according to Jodi Walker, UI director of communications.
A story on the new brew brand ran in both the Moscow-Pullman Daily News and Lewiston Tribune a few days ago.
Nielsen said last week he plans on releasing his first Vandal Beer, gold pale ale, in August in the Moscow area, as well as Lewiston and Coeur d’Alene. He said it will be produced in the Coeur d’Alene area starting in July.
Now, Nielsen graduated from UI and says the idea for his brewery business came when he was still enrolled at the school. UI, meanwhile, says that Nielson approached the school with the business idea initially in what was to be a partnership with the school. That partnership never materialized, obviously, and Nielson went on to start his Vandal Beer business anyway. The school, apparently, believes using the Vandal name alone is trademark infringement and will cause confusion.
Little in that claim makes any sense, however, as the branding for the school and brewery look nothing alike, and it's safe to say that the trademarks for which the school has registered the term "vandal", of which there are many, do not include selling alcohol. That puts Nielson's business in a market in which the University of Idaho is not playing: beer sales. Not to mention the proactive steps Nielsen has taken to avoid such confusion.
His website, which is still active at www.vandal.beer, states Vandal Beer is not affiliated with the university.
Nielsen said he will donate 10 percent of all Vandal Beer sales to UI scholarships and a fund he plans to start aimed at helping nonprofits, businesses and individuals who fall in line with Vandal Beer’s mission of making a positive impact in local communities.
Layer on top of that the simple fact that beer-slinging and education are in wildly different marketplaces and you have to wonder what exactly UI thinks its claim for trademark infringement would be based on? The only potential issue I could see is if the school managed to produce members of the local population who were confused into thinking there was some affiliation there. If it doesn't have that evidence, it's not as though the school gets to lock up the word "Vandal" for its own use within its own geographic area.
On the other hand, a startup versus a university is an example of why trademark bullying tends to work.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: r. austin nielsen, trademark, vandals
Companies: university of idaho, vandal beer
Reader Comments
Subscribe: RSS
View by: Time | Thread
Searching USPTO's database, I see active registrations for Vandal/Vandals as it relates to:
Cars
Bath/Body/Makeup
T-shirts/hats/sweatshirts
Athletic Gear
LED Lighting
Herbicides
Restaurant Services
Entertainment (Band Name)
College Sporting Events
Cigars
...and many more. Of those I checked, only the bolded ones are registered to UI. It seems to me that either there's a whole boatload of conflict... or there isn't any at all.
[ link to this | view in thread ]
The other trend this displays is the growing bullshit which universities (public ones, at that!) have been involving themselves in since the 80's and 90's. It's only getting worse. Add in the ridiculous tuition they now charge, and it seems like a good case to replace college and university boards with entirely non-business people, and realign their administrations and lawyers with education and reality.
[ link to this | view in thread ]
Maybe UI is confused about what universities do?
[ link to this | view in thread ]
Re: spy camera avilable in pakistan
https://www.wishhub.pk/ With the current situation of law and order going in metropolitan cities of Pakistan, it is only wise to invest in the security of your family and property. You may have seen CCTV, Spy cameras and Wifi cameras in Pakistan installed at some streets or public spaces, but are they enough to secure your family and home against a sudden emergency? The most straightforward application of a security camera is monitoring your home or workplace; it can also provide an extra layer of safety and convenience in the following instances:
While these security cameras prove to be helpful in catching culprits of a crime, they also reduce the chances of it happening in the first place.so a special type of spy cameras available in Pakistan. One can buy these hidden spy cameras through online shopping in Pakistan. Having a security camera on your doorstep can make robbers wary of targeting a home, or even a car. In a lot of cases, harassment and mobile snatching can also be prevented if there is a camera perched in a prominent spot within the neighborhood. Managements of schools and hospitals can use security cameras to improve experience of patients and students, and keep a check on the standards of quality. People who have to travel frequently as part of their job can use these cameras to keep an eye on their homes at all times and take necessary action in time if they see anything out of place.
The best spots to put the camera are the front and rear doors, i.e. entry points in the home or workplace. Consider getting a camera with night vision if you need to watch your home at night. Here are few types of these hidden spy cameras in Pakistan with reasonable prices;
Hidden spy cameras prices in Pakistan are vary along with their specifications. Spy HD WiFi Cap Hidden Camera (Rs.6799.00), Spy Glasses Camera (RS. 5999.00), Wireless Gsm Spy X009 Hidden Camera Video-Voice Recorder (RS. 3999.00), WiFi Hidden Pen Camera (RS. 4849.00), Magic Keychain Camera S-818(RS. 2199.00), Full HD 1080p Car DVR Camera Video Recorder G Sensor (RS. 3499.00), WIFI Wireless Home Security Monitoring Camera Mini Night Vision V380 HD 1080P (RS. 3799.00), Hidden Camera and Mic in USB (RS. 1499.00).
All of these cameras are easily available on Wishhub.pk. One can order these cams online with a very fast service.
[ link to this | view in thread ]
If only there was some sort of offical body that looked at these kinds of filings & punished the lawyers who brought them.
So very tired of the well we have to defend it or else!!!
No your trademark doesn't cover beer, you have no case, you should fire your lawyer.
[ link to this | view in thread ]
Sorry, don't follow you here.
"Vandal" clearly is a rather generic term, but "Vandal beer" equally clearly has not been named independently but as a reference to the "Vandals" team.
And
does not help thwarting that impression. Quite the contrary.
So if "vandals" has been granted a trademark in the context of the university and Nielsen clearly is using "vandals" in a reference to the university, I don't see how this is in any way overstepping the range of trademark protection.
It may be a stupid move to make, but it doesn't look anything like going after use of a generic overprotected term that coincidentally has been used in an unrelated field without intent to reference the trademark.
[ link to this | view in thread ]
I Guess that makes the University vandals.
[ link to this | view in thread ]
Re:
Soooo you want an organization that will punish people for engaging in zero (or less) critical thinking before the start litigation (or threats of ... since I think an C&D is a implied threat if they some how didn't put it in the letter)?
[ link to this | view in thread ]
Different Markets
Did you ever attend college? It has been some years for me, but unless things have changed in an unlikely manner, you should be aware of the difficulty of distinguishing the two, especially on Friday and Saturday evenings.
[ link to this | view in thread ]
Re:
Maybe UI wish to brand themselves as a party school?
[ link to this | view in thread ]
Re: Re:
hmmmm that might actualy give us a clue to what kind of thinking was going on here.
If they wanted people to continue paying them enrollment fees and such, but didn't want to have to pay teacher to... actually teach... yeah I can see them heading in that direction (however I suspect that is not what you were saying).
[ link to this | view in thread ]
Re:
It is their attempt to stop educating the unwashed masses, apparently it makes them feel inferior or something.
[ link to this | view in thread ]
Re:
What?
Are you suggesting that the us universities downsize their administration and change their business model to purely education like those european hippies that don't have sportsball teams and tuition fees?
Thats cazy talk.
[ link to this | view in thread ]
This can be generalized: There is something about a substance known to cause both short- and long-term damage to the brain that causes people to act stupid.
[ link to this | view in thread ]
Re:
Ah that would be money.
[ link to this | view in thread ]
Re: Sorry, don't follow you here.
I don't follow. Perhaps you have not heard the news out of Europe lately...
Or from the government...
[ link to this | view in thread ]
Re: Re:
No. What's asked for is an organization or even just a procedural statute that punishes the bringing of lawsuits that have no merit or standing.
That a lack of critical thinking beforehand may have resulted in the lawsuit being brought is irrelevant.
[ link to this | view in thread ]
Re: Re: spy camera avilable in pakistan
Just what is this load of spammy rubbish?
[ link to this | view in thread ]
Re: Re: Re:
No. What's asked for is an organization or even just a procedural statute that punishes the bringing of lawsuits that have no merit or standing.
In theory, this exists in slightly over half of US states where the Bar Association is granted a legal monopoly on provision of legal representation in exchange for policing members of the legal profession. In practice, the Bar Association does not actually police its membership at all.
[ link to this | view in thread ]