As an IP lawyer, I have two comments:
(1) He's wrong about how likelihood of confusion works. Under the Lanham Act, a registered trademark gets protection everywhere in the US. Confusion is just whether one mark is similar enough to another in order to be confused by an unsophisticated, mostly unfamiliar consumer.
(2) When you have a registered trademark, you're *required* to police it, or else you lose it. So, if you find out that someone else is making a similar product with a similar name and you don't send a cease and desist letter, you can lose your trademark.
Still, a little levity is always appreciated, especially when this guy acquiesces fairly graciously. The douchebags who try (and fail) to argue points of law using their untrained amateur interpretation are far too common, and guys like this far too rare.
Wouldn't it be great if more people dealt with disputes like this? A sense of humor is required though and most lawyers have lots of fees if they have to use their sense of humor. lol
it came from a lawyer so i bet it was far more rude than necessary. when you think of how many brewers across the states there are its bound to happen they both think of a cool name.
And the mental picture of a lawyer explaining to his client that they could have saved money had they not used his services in the first place -- is priceless.
razorsfuryJan 13, 2012Buried
:) These are the kind of entrepreneurs that make America great :)
hopefuldavJan 13, 2012Buried
Excellent. The letter's closing is hilarious.
rglarson13Jan 13, 2012Buried
As an IP lawyer, I have two comments:
(1) He's wrong about how likelihood of confusion works. Under the Lanham Act, a registered trademark gets protection everywhere in the US. Confusion is just whether one mark is similar enough to another in order to be confused by an unsophisticated, mostly unfamiliar consumer.
(2) When you have a registered trademark, you're *required* to police it, or else you lose it. So, if you find out that someone else is making a similar product with a similar name and you don't send a cease and desist letter, you can lose your trademark.
Still, a little levity is always appreciated, especially when this guy acquiesces fairly graciously. The douchebags who try (and fail) to argue points of law using their untrained amateur interpretation are far too common, and guys like this far too rare.
nerysJan 14, 2012Buried
how about instead of sending a legal cease and desist letter you send a simple polite request.
then if they ignore the request THEN you send the cease and desist? how about that.
nhbillyJan 13, 2012Buried
Live down the street from them. Love their rye wit beer.
sheopleherderJan 13, 2012Buried
Wouldn't it be great if more people dealt with disputes like this? A sense of humor is required though and most lawyers have lots of fees if they have to use their sense of humor. lol
eschercubeJan 14, 2012Buried
Is this the redacted client? http://www.titletownbrewing.com/hopasaurusrex
f**king Packer fans :P
viralinJan 13, 2012Buried
Had to visit their website and let them know when they have on-line ordering up, I will have to buy a pint and have a drink. Cheers!
skinturtleJan 13, 2012Buried
That was a great letter.
letherialJan 13, 2012Buried
word to Yo'Mamma
lmfao
phantommaelstromJan 13, 2012Buried
LOL
kc9eciJan 14, 2012Buried
http://www.titletownbrewing.com/hopasaurusrex I wonder if their reply will be half as good.
LiebeschtickJan 14, 2012Buried
Most lawyers suck dee ck.
readmikenowJan 13, 2012Buried
I love it!
jerroldsJan 13, 2012Buried
Annnnnnd going to try and import someof that Rye Wit Beer now.
Fatboy919Jan 13, 2012Buried
Lmao! Definitely made my day! Hilarious!
freeformjazzJan 13, 2012Buried
Pure, unmitigated, awesomeness.
tylorlilesJan 13, 2012Buried
this is epic winning
nowherekido3Jan 14, 2012Buried
it came from a lawyer so i bet it was far more rude than necessary. when you think of how many brewers across the states there are its bound to happen they both think of a cool name.
johnnysoftwareJan 13, 2012Buried
It is a pretty good letter.
And the mental picture of a lawyer explaining to his client that they could have saved money had they not used his services in the first place -- is priceless.