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Magic Hat being a bunch of ball bangers to local brewery.
Posted on 5/22/13 at 8:50 am
Posted on 5/22/13 at 8:50 am
I support West Sixth Brewery
Magic Hat has filed a law suit against a small Lexington, Kentucky Brewery named West Sixth for infringement on their #9 logo. Its total bullshite and states that the 6 in their logo is "basically" an inverted 9.
They are being a bunch of dicks and support is coming in from all over the country. It seems this isn't the first time they have done this. Unite against corporate bullying!
SEC! SEC! SEC!
Magic Hat has filed a law suit against a small Lexington, Kentucky Brewery named West Sixth for infringement on their #9 logo. Its total bullshite and states that the 6 in their logo is "basically" an inverted 9.
They are being a bunch of dicks and support is coming in from all over the country. It seems this isn't the first time they have done this. Unite against corporate bullying!
SEC! SEC! SEC!
7
Posted on 5/22/13 at 8:55 am to DisplacedKentuckian
I used to feel the same way but it is entirely up to businesses to protect their trademarks, even when it is not popular. To not do it opens themselves up to others infringement.
Posted on 5/22/13 at 8:55 am to DisplacedKentuckian
For those who are curious here are the two logos side by side.
Aside from the star, which isn't even the same thing I don't see that much of a similarity. Seems pretty fricking retarded if you ask me.
Aside from the star, which isn't even the same thing I don't see that much of a similarity. Seems pretty fricking retarded if you ask me.
Posted on 5/22/13 at 8:57 am to BluegrassBelle
Yeah, now that's silly - I see nothing unique enough to TM for either of those.
Posted on 5/22/13 at 8:58 am to nc14
quote:
I used to feel the same way but it is entirely up to businesses to protect their trademarks, even when it is not popular. To not do it opens themselves up to others infringement.
The issue I have is that they should simply ask for an injunction to stop them from using the logo if that's the case (and I don't believe it is at all). They're not just asking for that. They are asking for all profits from the beer that has been sold.
This post was edited on 5/22/13 at 8:59 am
Posted on 5/22/13 at 9:03 am to BluegrassBelle
Also here's the Lexington Herald story on the issue (I can't access Facebook at work).
Here's the picture comparison in bottles/cans as sold as well:
Notes from the LHL article:
A whole lot of bullshite if you ask me.
LINK
Here's the picture comparison in bottles/cans as sold as well:
Notes from the LHL article:
quote:
A lawsuit filed May 16 in U.S. District Court charged that West Sixth began selling beer, ale and brewpub services in 2012 using color, trademarks and designs "that closely resemble and are confusingly similar" to the designs used by Magic Hat for several years.
quote:
West Sixth recently introduced its Amber Ale, which is offered in an orange label that includes the numeral 6. The lawsuit says West Sixth has used a "dingbat" star to "confuse consumers and trade on Magic Hat's good will."
quote:
Magic Hat is seeking an injunction to stop West Sixth from using the design and is asking the court to direct West Sixth to pay Magic Hat all profits made by West Sixth as a result of "its acts of unfair competition," the lawsuit says. Additionally, Magic Hat is asking for a jury trial and damages including costs and attorneys' fees.
A whole lot of bullshite if you ask me.
LINK
Posted on 5/22/13 at 9:08 am to DisplacedKentuckian
After months of working in good faith, and receiving assurances that West Sixth Brewing would modify its marketing materials, Magic Hat Brewing was blindsided by a social media ambush that attempts to deflect West Sixth Brewing’s trademark infringements.
“West Sixth Brewing packaged the “perfect story” of a large brewery beating up on a small start-up,” said Ryan Daley, brand manager of Magic Hat. “The only problem is: it’s not true.”
Talks between the two breweries started in September of 2012 after marketplace concerns surfaced by a Kentucky wholesaler who refused to carry West Sixth Brewing because he felt it too closely resembled Magic Hat, which he already distributed. Magic Hat sales representatives, who came across the West Sixth Brewing products in the Ohio and South Carolina markets, also expressed concerns about the similarities.
“Our first step was to reach out to them. We hoped to handle it amicably. We had no desire to file a lawsuit against a fellow brewer,” said Daley. “We thought we had made a lot of progress with West Sixth. They agreed in principle to modify their design. And now they’re going back on their word, and are attempting to tarnish our image instead.”
In letters proposing a resolution to avoid a court case, West Sixth Brewing agreed to:
1. Remove the design element that mirrors Magic Hat’s #9 starburst/dingbat star packaging;
2. Use and promote the wording West Sixth Brewing in conjunction with the design (Magic Hat agrees that this will help eliminate confusion);
3. Work in good faith to phase out and replace any existing materials that may contain the prior version of the encircled “6” design;
4. Amend its current federal trademark application or re-file the application with the new design.
“After months of working with them, they abruptly changed their minds and refused to take the simplest steps to avoid confusion and a lawsuit,” said Daley. “Unfortunately, we have no other option but to pursue legal action that protects the uniqueness of our brand. We notified West Sixth Brewing and they immediately began a smear campaign to pressure us to drop the lawsuit. This is all very unfortunate since they could have prevented it by living up to the commitments they made.”
Magic Hat Brewing started brewing beer in Burlington, Vermont in 1994. West Sixth Brewing began brewing in 2012. Shortly after, Magic Hat started receiving calls from people who were concerned about similarities between the two brands
“West Sixth Brewing packaged the “perfect story” of a large brewery beating up on a small start-up,” said Ryan Daley, brand manager of Magic Hat. “The only problem is: it’s not true.”
Talks between the two breweries started in September of 2012 after marketplace concerns surfaced by a Kentucky wholesaler who refused to carry West Sixth Brewing because he felt it too closely resembled Magic Hat, which he already distributed. Magic Hat sales representatives, who came across the West Sixth Brewing products in the Ohio and South Carolina markets, also expressed concerns about the similarities.
“Our first step was to reach out to them. We hoped to handle it amicably. We had no desire to file a lawsuit against a fellow brewer,” said Daley. “We thought we had made a lot of progress with West Sixth. They agreed in principle to modify their design. And now they’re going back on their word, and are attempting to tarnish our image instead.”
In letters proposing a resolution to avoid a court case, West Sixth Brewing agreed to:
1. Remove the design element that mirrors Magic Hat’s #9 starburst/dingbat star packaging;
2. Use and promote the wording West Sixth Brewing in conjunction with the design (Magic Hat agrees that this will help eliminate confusion);
3. Work in good faith to phase out and replace any existing materials that may contain the prior version of the encircled “6” design;
4. Amend its current federal trademark application or re-file the application with the new design.
“After months of working with them, they abruptly changed their minds and refused to take the simplest steps to avoid confusion and a lawsuit,” said Daley. “Unfortunately, we have no other option but to pursue legal action that protects the uniqueness of our brand. We notified West Sixth Brewing and they immediately began a smear campaign to pressure us to drop the lawsuit. This is all very unfortunate since they could have prevented it by living up to the commitments they made.”
Magic Hat Brewing started brewing beer in Burlington, Vermont in 1994. West Sixth Brewing began brewing in 2012. Shortly after, Magic Hat started receiving calls from people who were concerned about similarities between the two brands
This post was edited on 5/22/13 at 9:11 am
Posted on 5/22/13 at 10:23 am to TreyAnastasio
Paging OP
Posted on 5/22/13 at 10:26 am to TreyAnastasio
Why should they have to change something that doesn't really look at all like the Magic Hat label? So they should just bitch out because Magic Hat is using their corporate muscle to push them around?
I can't tell you how many times I've walked into a liquor outlet and saw beers that had similar labels.
And can we get a link for your large arse copy and paste?
I can't tell you how many times I've walked into a liquor outlet and saw beers that had similar labels.
And can we get a link for your large arse copy and paste?
Posted on 5/22/13 at 10:30 am to BluegrassBelle
Posted on 5/22/13 at 10:32 am to TreyAnastasio
By Norman Miller
One of the things I like the most about the beer world is there is a sense of community – those who work at various breweries seem to really get along with each other and seem united against the big boys of brewing.
However, being a brewery is still a business. The people who own and work at the breweries must protect their interests and sometimes that involves lawyers.
The latest is Magic Hat Brewing Company’s lawsuit against Kentucky’s West Sixth Brewing claiming the West Sixth’s label is a violation of copyright law because the label is similar to Magic Hat’s #9.
I’m not going to comment on the actual merits of the lawsuit because I don’t know copyright law, but the backlash on social media against Magic Hat has been huge.
But, this is a growing trend in the beer world, even with breweries considered “craft” by the hardcore beer geeks who don’t consider Magic Hat craft anymore.
If you do a quick search for “cease-and-desist” on Beer Pulse (great Website by the way), you’ll see many cease-and-desist orders breweries have sent to other breweries or business claiming trademark or copyright infringement.
Rogue Ales challenged restaurant Rogue 24's name; Sixpoint sent a cease-and-desist letter to Renegade Brewing Company to have them change the name of its beer Ryeteous because it was similar to Sixpoint’s Righteous Ale and New Holland sent one to Alpine Brewing about the name Ichabod.
More local, Strange Brew in Marlborough, a homebrew shop, sent a letter asking that Strange Brewing Company in Colorado change their name because of how similar the names were.
If you want to look for yourself, you’ll find even more.
I don’t like getting lawyers involved in things. I wish breweries and those involved in these legal wranglings could work things out between themselves without involving lawyers. I wish they all could work it out like Avery and Russian River did a few years ago when they brewed a beer with the same name and came out with a beer called Collaboration … Not Litigation.
However, if that fails, what is a brewery supposed to do? They have a brand they need to protect. If a brewer or brewery honestly believes that the copyright or trademark is being violated and something can’t be worked out, then they’re left with little choice.
Breweries need to protect themselves, too.
LINK
One of the things I like the most about the beer world is there is a sense of community – those who work at various breweries seem to really get along with each other and seem united against the big boys of brewing.
However, being a brewery is still a business. The people who own and work at the breweries must protect their interests and sometimes that involves lawyers.
The latest is Magic Hat Brewing Company’s lawsuit against Kentucky’s West Sixth Brewing claiming the West Sixth’s label is a violation of copyright law because the label is similar to Magic Hat’s #9.
I’m not going to comment on the actual merits of the lawsuit because I don’t know copyright law, but the backlash on social media against Magic Hat has been huge.
But, this is a growing trend in the beer world, even with breweries considered “craft” by the hardcore beer geeks who don’t consider Magic Hat craft anymore.
If you do a quick search for “cease-and-desist” on Beer Pulse (great Website by the way), you’ll see many cease-and-desist orders breweries have sent to other breweries or business claiming trademark or copyright infringement.
Rogue Ales challenged restaurant Rogue 24's name; Sixpoint sent a cease-and-desist letter to Renegade Brewing Company to have them change the name of its beer Ryeteous because it was similar to Sixpoint’s Righteous Ale and New Holland sent one to Alpine Brewing about the name Ichabod.
More local, Strange Brew in Marlborough, a homebrew shop, sent a letter asking that Strange Brewing Company in Colorado change their name because of how similar the names were.
If you want to look for yourself, you’ll find even more.
I don’t like getting lawyers involved in things. I wish breweries and those involved in these legal wranglings could work things out between themselves without involving lawyers. I wish they all could work it out like Avery and Russian River did a few years ago when they brewed a beer with the same name and came out with a beer called Collaboration … Not Litigation.
However, if that fails, what is a brewery supposed to do? They have a brand they need to protect. If a brewer or brewery honestly believes that the copyright or trademark is being violated and something can’t be worked out, then they’re left with little choice.
Breweries need to protect themselves, too.
LINK
Posted on 5/22/13 at 10:33 am to BluegrassBelle
Paging me for what? You copy and pasted an article with no question or accompanying statement.
You may think that Magic Hat needs to protect their brand, but thats not the issue. The issue is that their label doesn't really resemble it in the first place. They seem to think they own the number 9 and any way that it may be rotated.
Supposedly West Sixth sells more beer in KY than Magic Hat does anyways so its not like they are denting their major market.
In the end its still Big Money trying to squash out the little guy.
You may think that Magic Hat needs to protect their brand, but thats not the issue. The issue is that their label doesn't really resemble it in the first place. They seem to think they own the number 9 and any way that it may be rotated.
Supposedly West Sixth sells more beer in KY than Magic Hat does anyways so its not like they are denting their major market.
In the end its still Big Money trying to squash out the little guy.
Posted on 5/22/13 at 10:34 am to TreyAnastasio
And I don't have any problem with that when it's warranted. I just don't see where it's warranted here. The star graphic in question isn't even the same given the graphics above.
Posted on 5/22/13 at 10:37 am to DisplacedKentuckian
quote:
Paging me for what? You copy and pasted an article with no question or accompanying statement.
Magic Hat released a statement saying West Sixth was full of shite. Figured you would have a response to that.
Magic Hat did everything they could to not have this go to court, but then West Sixth decided renege on their agreement, and then smear them in the media when the didn't like the repercussions of those actions.
This post was edited on 5/22/13 at 10:39 am
Posted on 5/22/13 at 10:41 am to TreyAnastasio
Their logos look nothing alike. Magic Hat is full of shite.
Posted on 5/22/13 at 10:42 am to TreyAnastasio
Yeah the people minding their own business in a small region of the world selling their brew to mostly locals are full of shite seeking out an expensive lawsuit against an international beverage company and their high priced lawyers.
It seems to me like they tried to talk to them. Got no response for months and then got hit with a lawsuit. Sounds like horse shite on the part of Magic Hat.
Sorry I am all riled up. The hornets nest has been poked. The Kentuckians are swarming.
It seems to me like they tried to talk to them. Got no response for months and then got hit with a lawsuit. Sounds like horse shite on the part of Magic Hat.
Sorry I am all riled up. The hornets nest has been poked. The Kentuckians are swarming.
Posted on 5/22/13 at 10:44 am to DisplacedKentuckian
BTW I am also headed home for Memorial Day Weekend and fully intend on stopping by for a few brews! 
Posted on 5/22/13 at 10:45 am to TreyAnastasio
Magic Hat wanted them to change a logo that doesn't look anything like theirs. So they should just comply because Magic Hat doesn't want to go to court?
That's idiotic logic at best.
That's idiotic logic at best.
Posted on 5/22/13 at 10:46 am to DisplacedKentuckian
Well, I'll never drink Magic Hat again.
Posted on 5/22/13 at 10:47 am to DisplacedKentuckian
quote:
It seems to me like they tried to talk to them. Got no response for months and then got hit with a lawsuit. Sounds like horse shite on the part of Magic Hat.
How does it seem that? The two breweries had an agreed upon resolution, and then W6th went back on that. Magic Hat has every right to protect what they feel belongs to them.
I'm not saying that the logos are the same, that's for the judge to decide, but people have trademarks for a reason, and they have to be protected or they are worthless.
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