How Litigation Should Settle: A Not so Boring Legal Post
Dec. 12, 2014
Leave it to breweries to find a way out of litigation that not only benefits both parties in the lawsuit, but also the communities in which they operate. A few months ago, we wrote about a trademark dispute between Long Trail Brewing and Bent Paddle Brewing Co. They have now resolved that dispute in a unique way of which other litigants should take notice.
In order to settle the dispute over the use of a hiker logo, Long Trail and Bent Paddle agreed that Bent Paddle would stop using the logo on future releases. Then, instead of fighting about damages, the two breweries decided to do something to help their communities. While not part of the consent judgment, Bent Paddle is making a donation to the Green Mountain Club, care takers of the Long Trail hiking route in Vermont, and Long Trail is making a donation to the Superior Hiking Trail Association in Minnesota. Cheers to those involved for reaching a quick and amicable resolution and for thinking outside of the box!
It’s great to see two breweries resolve a trademark dispute so quickly. It’s generally better to get ahead of trademark disputes to begin with if they can be avoided. In this case, however, we’re glad to see the outcome also went towards improving hiking trails near both breweries.
As more craft brewers enter the industry, the fewer trademarks there will be available. As attorneys that have represented a few breweries and distilleries, we can attest to the fact that this is the case, particularly because the PTO often treats distillers, brewers, wineries, bars, and sometimes restaurants as offering the same goods and services.