Stone Brewing, One-Time Battlers Of 'Big Beer', Out Here Trying To Cancel Non-Confusing Trademarks

from the stone-cold dept

In the past few years, as the craft brewing industry exploded, it became something of a regular thing for us to write about one craft beer trademark dispute or another. The idea is that as the industry has grown, it's become corporatized. The once congenial atmosphere of the industry, one which saw breweries heavily borrow from one another, or skirt the line of potential confusion, devolved into suited lawyers arguing about beer brands. And if that doesn't make you sad, you simply have no soul.

Stone Brewing was once one of the smaller craft breweries out there and built a reputation for itself for taking on "big beer." That stance morphed in 2018 into a lawsuit against MillerCoors over the latter's rebranding of Keystone beer into "Stone" on its can labels.

In March 2020, a federal court rejected both sides’ motions for summary judgment and the case will now move to trial in October 2020. Stone Brewing is seeking to recover $1 billion in damages in regard to infringing sales. Coincidentally, in the lawsuit, MillerCoors argues that the San Diego-based craft brewery’s trademark of the word “stone” f is “conceptually weak because at least 10 other craft breweries actively use the word ‘Stone’ in their name."

And that pushback from MillerCoors appears to have been the catalyst for Stone morphing, just like its industry has, into one of corporate lawyering and aggressive trademark enforcement. Since March, it appears that Stone has gone hunting for other breweries that have been using the word "stone" in their names and, in several cases, is attempting to have that trademark cancelled.

First reported by Kindsey Bernhard of Kentucky Sports Radio, who uncovered a series of tweets stemming from Patrick Fannin of Dreaming Creek Brewery in Richmond, KY, Fannin explains that Stone Brewing has issued a trademark cancellation request against Sawstone Brewing for their use of the word “stone” in the brewery’s name. Stone Brewing first filed for their mark of the word in 1997.

Upon further investigation of the US Patent and Trademark Office, the Sawstone Brewing team discovered that Stone Brewing has also issued similar trademark cancellation requests in approximately 100 instances this year where entities have used the word “stone” or “bastard” in either their alcohol-related business or products. Stone Brewing is also the creator and trademark holder for Arrogant Bastard Ales.

And so here we are. The once-little-guy brewery that took on MillerCoors, and in some circles was applauded as a David taking on Goliath, is now just a Junior Goliath taking swats at all kinds of Davids.

And, as should be obvious, this sort of shotgun approach to trademark cancellation is complete horseshit. If Stone were so concerned and injured by these uses of the word "stone" by other breweries, or if there were any actual customer confusion to have here, why now? Where is the evidence of harm and confusion? If it exists, why hasn't Stone sued before?

Or, to take the least charitable view, is Stone simply going after its fellow craft breweries to bolster its seven-figure claims lawsuit against MillerCoors?

Filed Under: beer, brewing, stone, trademark
Companies: stone brewing

Confluence Brewing Sues Confluence On 3rd, An Apartment Complex, For Trademark Infringement

from the i'd-like-to-rent-a-beer-please? dept

It's been a minute since we've had to cover some trademark nonsense in the beer industry. In fact, several recent stories have actually represented what might be mistaken for a clapback on aggressive trademark protectionism in the alcohol space. But, like all great things, it just couldn't last. The specific tomfoolery that has brought reality crashing down on us once again comes out of Iowa, where Confluence Brewing has filed a trademark suit against Confluence On 3rd, which is an apartment complex that does not serve or make beer.

Confluence Brewing Company on Friday filed a trademark lawsuit and motion for an injunction in Polk County District Court seeking to stop Confluence on 3rd apartments from using the name "Confluence."

John Martin, president and co-founder of Confluence Brewing, said representatives of the company have tried to have discussions with Roers Companies, the Long Lake, Minnesota-based developer of Confluence on 3rd and several other Des Moines-area properties, but felt that their complaints were "falling on deaf ears."

Those complaints appear to have centered around both companies using the word "confluence" and the potential public confusion that could cause. Which is really dumb. Because the brewery sells beer and the apartment complex rents apartments. A greater deviation in marketplaces I dare say could not be dreamed. And, yet, Confluence Brewing appears to have taken its opponent's refusal to negotiate on these invalid complaints as some sort of personal affront. After some back and forth about whether Confluence On 3rd might add the word "apartments" to the brand, it seems communication ceased. Jeff Koch, a principal at the parent company for Confluence On 3rd, had been a part of these conversations, but communication with him too was rebuffed.

Which isn't to say that Koch won't explain to the media just how ridiculous this all is.

The two companies have distinct names and operate in different business sectors, Koch said in his email to the Register. He said Confluence on 3rd has not experienced any confusion in the marketplace.

"Confluence on 3rd was named solely on the historic relevance the city was founded at the confluence of the Des Moines and Raccoon rivers," Koch said in his email to the Register. "It is unique to Des Moines history and should be celebrated, not solely owned and dictated by one brewing company."

This is essentially the localization of the aspect of trademark law that prevents a single company from locking up language globally. The whole point of trademark law is to prevent customer confusion within a given market, so that one brewer can't pass themselves off as another by having similar names and branding. That just isn't a concern here, given the disparity in the markets in which these two companies play. So, what got us to the point of having Confluence Brewing alleging true concern about public confusion?

Beer coasters, largely.

In April 2017, court documents show, Confluence Brewing called Roers Companies asking them to cease and desist their use of blue drink coasters promoting Confluence on 3rd at Des Moines bars.

"I just think the bar coasters just seem a little bit blatant," Kerndt said. "I mean, they were being distributed at establishments that serve my clients’ beer."

Emails between Kerndt and Koch show Confluence on 3rd had distributed all their coasters by the time of the April call and have not ordered any additional coasters since then.

Which is entirely besides the point. Just because a company puts out the tchotchke of its choice doesn't suddenly put it in a competitive situation with anyone who makes those tchotchkes. If that were the case, the tchotchke market as a whole wouldn't... you know... exist. The only other type of confusion mentioned in the article for Confluence Brewing is that apparently people's Google map skills occasionally send them to the wrong Confluence company for the wrong item. Still, that isn't the type of confusion trademark law is supposed to prevent and it's easily remedied by directing the customer to another address.

I will say that Confluence Brewing comes off as very earnest on the matter, so perhaps the folks there simply aren't aware of the intricacies of trademark law. Its legal team, on the other hand, certainly should be.

Filed Under: apartment, beer, brewing, confluence, trademark
Companies: confluence brewing, confluence on 3rd