contact menuMenu

Protecting Your Rights Personalized and Knowledgeable Legal Representation

Shortage of beer names results in several Trademark disputes

In recent years, the craft beer industry has grown exponentially in the United States, with new brew pubs and microbreweries opening every day. With this growth has come a demand for unique brewery and beer names - and an increase in disputes over Trademark infringement.

Currently, the U.S. Patent and Trademark Office reports at least 25,000 active Trademark registrations and application are related to beer. This competition for names means that breweries must be thorough in their search for names - and potential infringements. It also means that breweries need to understand Trademark laws and protect their rights when faced with a Trademark dispute.

When naming a startup brewery or a new brew, many people fail to fully research for existing Trademarks. Instead they select names based primarily on their own personal preferences. And many breweries do not take Trademark infringements seriously, even after receiving cease and desist letters from the Trademark owners.

Unfortunately, ignorance over existing Trademarks or the difficulties of creating unique beer-related names are inadequate defenses against lawsuits. With thorough Trademark research, however, you can avoid potential problems and potentially save your brewery time, money and future litigation.

Many naming disputes are resolved out of court or through proceedings with the Patent and Trademark Office. However, there are instances when disputes reach the courtroom, as it did with Brooklyn Brewery out of New York suing a California brewery for their choice of Black Ops Brewing as a name - claiming it was too similar to their beer called Brooklyn Black Ops. After three months of litigation, the brewery was forced to change their name to Tactical Ops Brewing.

Whether you are in the process of naming a brewery or beer, or you are facing infringement issues, contact an intellectual property attorney for the guidance you need.

No Comments

Leave a comment
Comment Information
email us for a responseemail us for a response

Contact Attorney Debra Fein Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Fein Law, LLC
633 S. Andrews Avenue, Suite 200
Fort Lauderdale, FL 33301

Phone: 954-533-0825
Fort Lauderdale Law Office Map

315 S.E. 7th Street, Suite 301 Fort Lauderdale, FL 33301
Review Us