What’s your beef,
Massachusetts? Did we insult your
mother? Did we sleep with your girlfriend? The malice you’ve shown Colorado’s favorite
industry is unacceptable. First, Boston’s Mayor Menino, in full-on douche mode, disparaged our state’s great beer scene thus insulting our small business entrepreneurs. In hindsight, that was a minor incident. Menino looked like a jackass, Colorado kept on
brewing, and life went on as usual (except in the case of Denver’s Mayor Hancock who knows how to keep a good grudge going). Now, however, the Bay State’s gotten really nasty: the homebrew shop Strange
Brew Beer & Wine Making Supplies of Marlborough, Massachusetts has
threatened litigation against Denver’s own Strange Brewing Company for
trademark infringement (read the whole story here). As the man behind a blog titled Beer in Colorado, I feel it is my duty
to protect my local brewery like a mama bear defending her cubs. Look out, Chowdah-Heads, here come the claws.
Legal
Distinction
Strange Brewing Company (which
will hereby be referred to as “Strange”) is, of course, a brewery and Strange
Brew Beer & Wine Making Supplies (which will hereby be referred to as
“those jerks”) is, obviously, a homebrew supply store. Ergo, there is no direct competition. They both concern beer, true, but they are not the same type of business. Furthermore, a quick Google search brings to
light the fact that there are a ton
of businesses with similar names—mostly coffeehouses. Why aren’t those jerks going after them, too? It’d make as much (non)sense.
Location,
Location, Location
Massachusetts Man #1: “Hey, meet
me at Strange Brew; I wanna make some bee-yuh.”
Massachusetts Man #2: “Wicked
awesome! See ya they-uh.”
Two weeks pass
Massachusetts Man #1: “I
missed ya at Strange Brew. Where’d ya go?”
Massachusetts Man #2: “I got in the cah
and drove to Calaradah. That’s where
Strange Brew is, yeah?”
The previous conversation is a
work of pure fiction—it never happened.
Only an idiot could confuse an East Coast business for a Denver business. Even if Strange and those jerks were in the exact same industry, the sheer distance
between the two would ensure customer overlap.
There is no possible damage that could occur due to the shared name.
Who’s
really infringing on a trademark?
Do those jerks think they’re the
first to put the words “Strange” and “Brew” together? “Strange Brew” existed before they ever
opened for business and Bob and Doug McKenzie should be the ones suing thosejerks. The band Cream also has a case against them since they has a song titled “Strange Brew.”
If you really want to talk about trademark encroachment then consider the dancing bear logo those jerks use on their website. I think a certain hippie jam band may take
issue with that image. Jerry Garcia was
apt to roll a joint but, with those jerks blatantly ripping him off, all the
rolling he does now occurs in his grave.
Collaboration
not Litigation
If you don’t know the story of
Avery Brewing’s Collaboration not Litigation Ale then click here immediately. It’s a feel-good story that exemplifies the
mutual respect and support present in the craft beer industry—an industry with
a “never sue” mentality. If you got a problem,
you settle amiably and without lawyers.
This is the approach Strange took, suggesting they co-market by selling
those jerks’ products in their Denver taproom, but they were rebuked by the
litigious pricks who deemed such an offer “offensive.” I’m not sure what universe Massachusetts is
in whereby providing more customers is considered offensive but that’s how they
saw the situation. Strange took the high
road, those jerks took the low road and, when somebody breaks the unwritten law
like that, it makes beer geeks question whether or not that person belongs in
the brotherhood/sisterhood of craft beer.
Homebrew supply stores are, in
large part, responsible for the beer craze we’re currently experiencing; hug
and thank your local store manager today for all they do for beer. However, when I think of those jerks, a few
idioms come to mind: thin the herd, trim
the fat, lose dead weight. They’re a
blemish on the face of craft beer and need to be removed. It feels counterintuitive to call for the
head of a business that’s moving craft beer forward but their antagonistic
attitude makes them a liability, not an asset.
We can’t have them further ruining craft beer’s image.
What
can I do to help?
Support Strange in their time of
need by “liking” Keep Strange Brewing Strange on Facebook. Get on beer-related websites and encourage
those on the East Coast to boycott those jerks’ store. Spread the word of this injustice any way
you can. If you have a Twitter account,
show your support for Strange (@StrangeBrewCo) and keep encouraging them. Most importantly, go to Strange and enjoy one
of their finely-crafted beers; our devotion to their beer is the best assistance we can give.
Lawyers are intimidating but they
cannot overcome our undying support of local beer so join the fight and save
Strange.
Prost!
Chris
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