Trademark disputes are very common in the business world. Most of the time, these disputes are worked out quietly between the affected parties. If, however, the trademark dispute is between an independent business and a corporate giant, and information about the dispute ends up on social media, then it quickly turns into a heated debate with everyone voicing their opinion on the matter.
The current battle is between the small, North Carolina-based nano-brewery Innovation Brewing and Bell’s Brewery, a huge microbrewery based in Michigan. The owners of Innovation Brewing filed a federal trademark application for ‘Innovation Brewing’ back in 2013. In 2014, Bell’s filed an opposition, claiming that they have used the term “Bottling innovation since 1985” in its marketing for 6 years, although Bell’s never trademarked that phrase. Bell’s claims they have a common law trademark on “innovation.” Bell’s also claimed that their trademarked slogan, “Inspired Brewing” is so similar to “Innovation Brewing” that it may confuse their customers.
While many disputes in the craft beer world are resolved amicably, often over a beer, this dispute got off to an ugly start. Laura Bell of Bell’s Brewery says that she personally reached out to Innovation Brewing, hoping to handle the dispute brewer to brewer, instead of getting lawyers involved. Nicole Dexter, co-owner of Innovation Brewing, says that Bell did indeed reach out, but it was the night before the opposition filing was due, and it was after Bell’s had hired attorneys. Dexter states that Bell’s basically gave Innovation Brewing 22 hours to hire an attorney and decide what to do about their business. Dexter says she told Bell that Innovation Brewing was proceeding with the application. After that exchange, the lawyers have handled everything.
John Truscott, a spokesperson for Bell’s, says, “Bell’s is just protecting their trademark and their brand, and that’s pretty much all that’s going on. There are things you can get trademarks for and there are things you can have a common law trademark for. Under the common law provision, we can protect ourselves against the current registration.” Truscott also acknowledges that Innovation Brewing is simply trying to do what’s best for the future of their company as well. “It’s really sad that it has come to this,” says Truscott.
The craft-beer industry is growing exponentially in the US. Because the industry is becoming increasingly crowded, breweries need to trademark their words, slogans, and brand, as well as keep tabs on other breweries that may be using words and slogans that are too similar to the trademarked material.
Read the original article here.