(Originally posted June 13, 2014 in IP Legal Forum)
It seems like every week there is a new trademark dispute involving craft breweries. One need only check Beerpulse or Brewbound, two popular beer industry sites, to see many posts about craft beer trademark disputes. This is not surprising because the number of craft breweries has been growing at a phenomenal pace and is now at a record number. As of June 2013, there were 2,538 breweries in the United States, a 25% increase since 2011 (there are now more than 2,700 estimated). And the number of beer brands is growing even faster. An article in DRAFT Magazine states that there are more than 12,000 beer brands registered with the United States Patent and Trade Mark Office (USPTO) and 45,000 wine and spirits trademark registrations. That makes it very difficult to come up with an unique and distinctive mark. Some beer brands like OL’ RED CEASE AND DESIST and REDACTED IPA are beers whose original names were changed to legal terms after a trademark dispute.
It seems like every week there is a new trademark dispute involving craft breweries. One need only check Beerpulse or Brewbound, two popular beer industry sites, to see many posts about craft beer trademark disputes. This is not surprising because the number of craft breweries has been growing at a phenomenal pace and is now at a record number. As of June 2013, there were 2,538 breweries in the United States, a 25% increase since 2011 (there are now more than 2,700 estimated). And the number of beer brands is growing even faster. An article in DRAFT Magazine states that there are more than 12,000 beer brands registered with the United States Patent and Trade Mark Office (USPTO) and 45,000 wine and spirits trademark registrations. That makes it very difficult to come up with an unique and distinctive mark. Some beer brands like OL’ RED CEASE AND DESIST and REDACTED IPA are beers whose original names were changed to legal terms after a trademark dispute.
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