Hop Law

Another Trademark Dispute

Trademark rights are at issue in a dispute between a brewery in Vermont and a brewery in Minnesota

On August 29, 2014 , Vermont-based Long Trail Brewing Company filed a lawsuit against Duluth, Minnesota-based Bent Paddle Brewing Company for trademark infringement. The logo at issue is Long Trail’s silhouette of a hiker. Long Trail uses the hiker as the main feature on its can. According to the complaint that Long Trail filed, Bent Paddle uses a similar hiker silhouette on its cans. Here is a picture of Long Trail’s can followed by a picture of Bent Paddle’s can (both of which were copied directly from the complaint):

The practical takeaway, at this point in the lawsuit, is the importance of registering your trademarks.

The following is not at all a comment on the merits of the Long Trail v. Bent Paddle case, but it is something that brewers and distillers should be aware of, generally. An application for trademark registration may result in a refusal to register from the Patent and Trademark Office. These refusals, while not fun to receive, may also serve to guide breweries and distillers as to what marks they can use and what marks may result in disputes down the road. Some companies, however, have used trademark disputes for marketing and branding purposes (see, e.g., http://goo.gl/fDeaap; http://goo.gl/bc0VhB), so there are business considerations that play in to how breweries and distilleries should manage their trademark portfolio.