If you can read this, either the style sheet didn't load or you have an older browser that doesn't support style sheets. Try clearing your browser cache and refreshing the page.

(Some Brewmeister)   Lawsuit trolls aren't just for technology apparently. Some poor little brewery in Kentucky is being attacked... help 'em out   (westsixth.com) divider line 220
    More: Sad, Magic Hat, irreparable injury  
•       •       •

11759 clicks; posted to Main » on 22 May 2013 at 1:47 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



220 Comments   (+0 »)
   
View Voting Results: Smartest and Funniest

Archived thread

First | « | 1 | 2 | 3 | 4 | 5 | » | Last | Show all
 
2013-05-22 11:58:37 AM
encrypted-tbn1.gstatic.com

Note that the logo is inverted.
 
2013-05-22 12:03:35 PM
if they weren't making beer i would be more inclined to agree with them.  however....
 
2013-05-22 12:06:52 PM
Wow.  That's definitely one of the most frivolous lawsuits I've heard of in quite awhile.
 
2013-05-22 12:24:16 PM
When you're pouring it, it becomes Magic Hat #9.
 
2013-05-22 12:45:33 PM
Why would you object to somebody copying your logo with a lower number?  They'll just think Magic Hat is 3 better and be more likely to buy it.
 
2013-05-22 01:02:09 PM
Meh. Create another logo and move on.

Gene Simmons sued some friends of mine out of Sweden who's name was Crown of Thorns. They were signed, had records, doing international (through Europe) tours, etc. But since Gene Simmons decided years later to produce a small band in the States with the same name he sued them.

Rather than go through the hoopla over it, considering the cost of it which they didn't have, they just changed their name to The Crown.

Guess which band is worldwide popular?
 
2013-05-22 01:28:20 PM
I just saw this on Magic Hat's facebook feed today: http://new.pitchengine.com/pitches/0ab90552-225c-4a77-bf2e-79ecdcd09c 1 5

Worth a read, what with two sides to every story.  Maybe Magic Hat is being the bad guy, but one must defend trademarks or risk losing their legal standing.
 
2013-05-22 01:39:53 PM

factoryconnection: I just saw this on Magic Hat's facebook feed today: http://new.pitchengine.com/pitches/0ab90552-225c-4a77-bf2e-79ecdcd09c 1 5

Worth a read, what with two sides to every story.  Maybe Magic Hat is being the bad guy, but one must defend trademarks or risk losing their legal standing.


It's all bullshiat. "Their brewing company logo has a number, a circle and a star, which looks a lot like one of our beer's logos which also has a number, a circle and a star!"

Fark off, Magic Hat.
 
2013-05-22 01:47:30 PM
They look similar to me.

Of course, I'm not a law talking dude.
 
2013-05-22 01:47:35 PM

factoryconnection: I just saw this on Magic Hat's facebook feed today: http://new.pitchengine.com/pitches/0ab90552-225c-4a77-bf2e-79ecdcd09c 1 5

Worth a read, what with two sides to every story.  Maybe Magic Hat is being the bad guy, but one must defend trademarks or risk losing their legal standing.


Definitely worth a read, but I think there was no need to blow it out of proportion in the first place.  Can you really trademark the concept of a number enclosed in a circle?  And furthermore the question of intent comes up.  Was it the brewery's intention to confuse buyers into buying their beer by making them think it's another brand?  I SERIOUSLY doubt that.  Was Magic Hat actually harmed by this in any way?  I rather doubt that as well.
 
2013-05-22 01:49:12 PM

I_Am_Weasel: They look similar to me.

Of course, I'm not a law talking dude.


They looked similar to the distributors, too.

I have to wonder if Magic Hat's "amicable resolution" discussions actually happened and then fell apart, or they just jumped into the cease-and-desist and pay-me-royalties route.
 
2013-05-22 01:50:22 PM

factoryconnection: I just saw this on Magic Hat's facebook feed today: http://new.pitchengine.com/pitches/0ab90552-225c-4a77-bf2e-79ecdcd09c 1 5

Worth a read, what with two sides to every story.  Maybe Magic Hat is being the bad guy, but one must defend trademarks or risk losing their legal standing.


More likely the new owner's son-in-law is an unemployed lawyer.
 
2013-05-22 01:52:49 PM
Mega douchebagery there.
 
2013-05-22 01:55:44 PM

factoryconnection: but one must defend trademarks or risk losing their legal standing.


Yeah, but one most have a trademark infringed before they can defend it.
 
2013-05-22 01:55:56 PM

factoryconnection: I just saw this on Magic Hat's facebook feed today: http://new.pitchengine.com/pitches/0ab90552-225c-4a77-bf2e-79ecdcd09c 1 5

Worth a read, what with two sides to every story.  Maybe Magic Hat is being the bad guy, but one must defend trademarks or risk losing their legal standing.


+1.  This case seems to be fundamentally different than the patent troll cases reported in other threads.  Magic Hat is a real brand with a real trademark that they developed themselves -- not an entity that buys IP rights and sues on them for profit.  If they let other people encroach on their mark, they could lose it.  While getting sued isn't fun, and while I'll reserve judgment on the ultimate trademark claim merits, putting "troll" in this headline is very misleading.
 
2013-05-22 01:56:19 PM
most = must.

I keep farking that up lately.
 
2013-05-22 01:57:31 PM
I can't stand magic hat #9 - apricots in beer really- but the first thing I saw when the page came up was the #9 logo.  It took a second to realize it was a six.  Yes you have to defend your trademarks
 
2013-05-22 01:58:01 PM

factoryconnection: I just saw this on Magic Hat's facebook feed today: http://new.pitchengine.com/pitches/0ab90552-225c-4a77-bf2e-79ecdcd09c 1 5

Worth a read, what with two sides to every story.  Maybe Magic Hat is being the bad guy, but one must defend trademarks or risk losing their legal standing.


That's kind of the problem that everyone has with this lawsuit.  It starts with the presumption that the trademark is being infringed when it absolutely is not, and then claims that Magic Hat must defend it.
 
2013-05-22 01:58:10 PM
Touch one here.

I loves my some Magic Hat #9
 
2013-05-22 01:58:56 PM

Cheron: I can't stand magic hat #9 - apricots in beer really- but the first thing I saw when the page came up was the #9 logo.  It took a second to realize it was a six.  Yes you have to defend your trademarks


Really? First thing you saw was a #9? Are you Australian?
 
2013-05-22 01:59:12 PM

CapeFearCadaver: Guess which band is worldwide popular?



KISS?
 
2013-05-22 01:59:43 PM

impaler: [encrypted-tbn1.gstatic.com image 327x154]

Note that the logo is inverted.


If I'm sitting at a bar or table and see those on coasters, I would likely presume it was some variation on the same company.
 
2013-05-22 02:00:23 PM
I'm not drinking no Magic beer. That's exactly what Satan would like you to do.
a4.ec-images.myspacecdn.com
 
2013-05-22 02:01:36 PM
Actually just tried one of west sixth's beers last night. It was pretty farking amazing, better than magic hat IMO
 
2013-05-22 02:02:07 PM

EdNortonsTwin: If I'm sitting at a bar or table and see those on coasters, I would likely presume it was some variation on the same company.


Because they use the same font?
 
2013-05-22 02:02:13 PM
As soon as the image of the logo popped up on my browser I knew what the problem was.  They do look similar and if I saw that logo I would assume it was from Magic Hat.  Change the logo or fight it out in court.
 
2013-05-22 02:02:14 PM

factoryconnection: I just saw this on Magic Hat's facebook feed today: http://new.pitchengine.com/pitches/0ab90552-225c-4a77-bf2e-79ecdcd09c 1 5

Worth a read, what with two sides to every story.  Maybe Magic Hat is being the bad guy, but one must defend trademarks or risk losing their legal standing.


Assuming Magic Hat is correct, the West Sixth was lying in their little sob story about "no one ever talked to us" since Magic Hat claims they've been working with them.  It seems all Magic Hat wanted was the next generation of the design to be amended.  That way Magic Hat has proof they defended their trade mark, but they didn't make West Sixth flush a whole batch of promo material, they just wanted West Sixth to order different promo material next time around.

Beyond that I'm not sure why West Sixth is going with #6 for their branding.  If it was Warehouse Number Six or something, I could get that, but who writes out West Sixth [Street, Ave, Ward, Etc] as #6?  Questionable quality of design even if it isn't meant to infringe.  If Magic Hat really has distributors who expressed concern to them, it doesn't seem unreasonable to ask West Sixth to play up "West Sixth" instead of "#6" in their next batch of packaging and promo material.

/perhaps West Sixth's beer also sucks which is why distributors won't carry them, so the company is going for a support the little guy viral marketing campaign
 
2013-05-22 02:02:53 PM
The first thing I thought when I opened the page, before I even saw the words "Magic Hat" was "boy that logo looks a lot like the Magic Hat #9 logo".
 
2013-05-22 02:02:57 PM

factoryconnection: Worth a read, what with two sides to every story. Maybe Magic Hat is being the bad guy, but one must defend trademarks or risk losing their legal standing.


This is a good point.  I'm only a Law GED, but my understanding is that companies must defend their IP from the get-go or it gets harder to defend it later (i.e. you can't just wait for something to become profitable and then suddenly sue someone).  I don't know if that's how it happens in practice but that's at least the intent behind the law.

Although, to counter myself, if it really was just about defending the IP, Magic Hat could've handled it much better, and taken a cue from Jack Daniels: http://news.yahoo.com/jack-daniels-sends-most-polite-cease-desist-let t er-194518912.html
 
2013-05-22 02:03:15 PM

Mayostard: When you're pouring it, it becomes Magic Hat #9.



(chortle)
 
2013-05-22 02:03:29 PM
The logos do look similar and there are two sides to every story.

I have had #9 and was not a fan. If i saw a similar looking 6* label on a shelf  I might get confused and think they were related and move on.

Magic Hat beer blows. If I were a craft brewer I would not want my label to be confused with a bottle of suck ass beer. Quit biatching and change your logo
 
2013-05-22 02:03:30 PM

impaler: [encrypted-tbn1.gstatic.com image 327x154]

Note that the logo is inverted.


First thing I see is teh logo when I click, then the words magic hat.
As a Vermonter, and a beer drinker, and having a GED in law from an online university, I'd say they have a case.
/you can still get 24 in a case, right?
 
2013-05-22 02:03:45 PM
Also, Subby's being a troll for using the word troll in the headline.
 
2013-05-22 02:04:20 PM

Cryoteck: Actually just tried one of west sixth's beers last night. It was pretty farking amazing, better than magic hat IMO


This.

Magic Hat sucks.
 
Bf+
2013-05-22 02:05:26 PM
"Your 6 on the side of the green label with a star looks too much like our 9 in the middle of our red label with a pound sign and squiggles... change your logo or we sue"?
Yeah, Fark Magic Hat on this one.
 
2013-05-22 02:05:33 PM

Lando Lincoln: factoryconnection: I just saw this on Magic Hat's facebook feed today: http://new.pitchengine.com/pitches/0ab90552-225c-4a77-bf2e-79ecdcd09c 1 5

Worth a read, what with two sides to every story.  Maybe Magic Hat is being the bad guy, but one must defend trademarks or risk losing their legal standing.

It's all bullshiat. "Their brewing company logo has a number, a circle and a star, which looks a lot like one of our beer's logos which also has a number, a circle and a star!"

Fark off, Magic Hat.


That is pretty on-target for reasonable confusion. If you put them side by side, I wouldn't immediately think they were from a different company, I'd actually have to study the packaging. If you replaced one completely with another on the shelf where I normally pick up my beer, I might reasonably think that the packaging had been updated or that this was simply a new variation of what it was previously.

The starburst is particularly blatant.

There needs to be a LO
 
2013-05-22 02:05:38 PM
Whoops, *6 in my above, not #6.

/so well yeah, it managed to confuse me
//circle with number seals aren't unique, but when you have heavy font similarities and your colors look like they're from the same line of paint, tell your designer to try harder
 
2013-05-22 02:07:43 PM

nekom: factoryconnection: I just saw this on Magic Hat's facebook feed today: http://new.pitchengine.com/pitches/0ab90552-225c-4a77-bf2e-79ecdcd09c 1 5

Worth a read, what with two sides to every story.  Maybe Magic Hat is being the bad guy, but one must defend trademarks or risk losing their legal standing.

Definitely worth a read, but I think there was no need to blow it out of proportion in the first place.  Can you really trademark the concept of a number enclosed in a circle?  And furthermore the question of intent comes up.  Was it the brewery's intention to confuse buyers into buying their beer by making them think it's another brand?  I SERIOUSLY doubt that.  Was Magic Hat actually harmed by this in any way?  I rather doubt that as well.


Strangely enough, West 6th was hurt by it, given that at least one store refused to sell their products over it.
 
2013-05-22 02:07:51 PM

evilmrsock: not posting the damn image


HURR I'M A DURR

fbcdn-sphotos-b-a.akamaihd.net
 
2013-05-22 02:08:07 PM
glancing at that logo, it does look like a magic hat... they have a point. not sure why the west sixth folk thought that design was going to be ok
 
2013-05-22 02:08:38 PM
I'm thinking West Sixth Brewing Company is just trying to turn a bad situation into a little free publicity. NTTAWWT.

This is a job for lawyers to work out, unfortunately. WSBC needs to hire one, pronto.
 
2013-05-22 02:08:42 PM
It's not an actual "star", either - it's a very commonly-utilized symbol used by cartographers for centuries to indicate compass directions - as in "the 6 is to the west".   I am, or was, a big fan of Magic Hat, and if their trademark were being infringed-upon, I'd agree with their complaint.  But it's not.

The silver lining is that I had no idea Magic Hat was owned by a foreign corportation, and I usually try to keep up with facts like that one.  Thanks to this frivolous lawsuit, they've blown up their own carefully-constructed "Vermont craft-brewery" mythology.   Way to go, guys.
 
2013-05-22 02:09:19 PM
i1.sndcdn.com

Number 9. Number 9.
 
2013-05-22 02:11:26 PM

nekom: Can you really trademark the concept of a number enclosed in a circle?


yes. fun fact, batman originally had just a black bat on his chest. the yellow circle was added after dc found out you can't trademark just a bat drawing.
 
2013-05-22 02:12:23 PM
I'd like to see them sue ABInBev over "33."

OMG! There's a number on your beer!

Or even better, every small brewery needs to come out with a numbered beer.  By #247, I think Magic Hat would get over it.
 
2013-05-22 02:13:17 PM

rwfan: As soon as the image of the logo popped up on my browser I knew what the problem was.


I didn't... because first I thought "gosh, Magic Hat is getting sued?"
 
2013-05-22 02:13:44 PM
The scuttlebutt around Lexington is that another local brewery is ultimately behind all of this.
 
2013-05-22 02:13:53 PM
I wonder what PepsiCo thinks about Magic Hat's logo for their cucumber hibiscus ale?

www.mustlovebeer.com
 
2013-05-22 02:15:31 PM
I wouldn't think it was the same outlet I would assume it was an affiliate or another brew that is indorsed by the other since the logos are very similar.
 
2013-05-22 02:16:38 PM
TTo me it appears the artist combined some of the color scheme of the Magic Hat logo and the #9 logo  (can't you resize images?)
 
Displayed 50 of 220 comments

First | « | 1 | 2 | 3 | 4 | 5 | » | Last | Show all

View Voting Results: Smartest and Funniest


This thread is archived, and closed to new comments.

Continue Farking
Submit a Link »






Report