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09-16-2016, 12:13 PM   #1
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Meanwhile in the world of stupid trademark decisions...

Moosehead wins: Adirondack brewery mush end sales of Moose Wizz root beer

Moosehead Lager Makers At It Again: Suing Moose Whizz Root Beer For Trademark Infringement

The Canadian brewer of Mooshead Lager seems rather litigious. They sued another beer maker for a brew called Müs Knuckle and then they sued another brewery over a soda called Moose Wizz. They said consumers of said soda might confuse it with their beer.

A jury here in Syracuse sided with the beer maker...So apparently a small brewery in New Brunswick now owns the word 'Moose' for all products that are wet.

QuoteQuote:
On Friday, U.S. District Court Judge Norman Mordue followed that up with an order that requires Adirondack to stop selling Moose Wizz. The order also gives the small brewery 60 days to pull all bottles off the shelves and destroy all marketing material related to the product. That includes, where practical, any references on Internet sites and digital media.

According to Mordue's order, Adirondack is "permanently and
immediately enjoined from selling, offering for sale, distributing, or advertising root beer
using: (i) the likeness of a moose; (ii) the words "moose" or "moosehead," including
MOOSE WIZZ, in the name or otherwise; or (iii) any non-substantial variations thereof."


09-16-2016, 12:36 PM   #2
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Yikes!!

All over a third rate beer that tastes like the subject of the carbonated beverage brand they just sued.
09-16-2016, 12:39 PM - 1 Like   #3
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Amoosing.
Money wins.
09-16-2016, 01:41 PM   #4
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QuoteOriginally posted by monochrome Quote
Yikes!!

All over a third rate beer that tastes like the subject of the carbonated beverage brand they just sued.
Considering that the U.S. has inflicted the lion's share of weak, tasteless beer ever produced in the history of mankind, that's a bit rich, but for the record, I'm not a Moosehead drinker myself, by choice. The name is Oland Brewery's most valuable asset, it helps sell Moosehead beer all over the U.S. and Mexico (the novelty has worn off in Canada and its so-so sales are indicative of what Canadians think of the taste). Susannah Oland opened the brewery in 1867, Moosehead Pale Ale was launched in 1931. Why would a Regina, Saskatchewan craft beer maker name their product Müs Knuckle, other than to capitalize on Oland's well-established trademark? As for Moose Whizz Root Beer, the amount of damages awarded Oland was only $8,800, I think the jury was sending a clear message that trademarks can be protected, but no one is going to come close to covering what they spend on legal fees. The alternative is to adopt the Chinese model of rampant product counterfeiting and thoroughly corrupt business regulation.

09-16-2016, 01:52 PM   #5
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When I looked at the two labels...they look quite similar...both feature a Moose head . The article indicates that Moosehead beer trademarked it's image back in the 1930's ....somewhere around 70 ....80 or so years ago. Moosehead is relatively well known for it's Moose logo. Before this I've never heard of the brand Moose Wizz, although it has apparently been around for a few years, according to the link.

A company does have the right to protect their trademark.

Out of curiosity, why would a small brewing company protecting it's intellectual property be such a deal ?
09-16-2016, 02:03 PM   #6
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QuoteOriginally posted by RGlasel Quote
Considering that the U.S. has inflicted the lion's share of weak, tasteless beer ever produced in the history of mankind, that's a bit rich, but for the record, I'm not a Moosehead drinker myself, by choice. The name is Oland Brewery's most valuable asset, it helps sell Moosehead beer all over the U.S. and Mexico (the novelty has worn off in Canada and its so-so sales are indicative of what Canadians think of the taste). Susannah Oland opened the brewery in 1867, Moosehead Pale Ale was launched in 1931. Why would a Regina, Saskatchewan craft beer maker name their product Müs Knuckle, other than to capitalize on Oland's well-established trademark? As for Moose Whizz Root Beer, the amount of damages awarded Oland was only $8,800, I think the jury was sending a clear message that trademarks can be protected, but no one is going to come close to covering what they spend on legal fees. The alternative is to adopt the Chinese model of rampant product counterfeiting and thoroughly corrupt business regulation.


I get what Budweiser is. I'm from St. Louis. I guess my memory doesn't serve me. 40 years ago we drank Moosehead to be 'different'. Now I'm sober to be different.

Last edited by monochrome; 09-16-2016 at 02:54 PM.
09-16-2016, 02:31 PM   #7
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Well, in Montana; Moose Drool is quite popular, and is brewed in Montana.

09-16-2016, 02:39 PM   #8
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QuoteOriginally posted by lesmore49 Quote
When I looked at the two labels...they look quite similar...both feature a Moose head . The article indicates that Moosehead beer trademarked it's image back in the 1930's ....somewhere around 70 ....80 or so years ago. Moosehead is relatively well known for it's Moose logo. Before this I've never heard of the brand Moose Wizz, although it has apparently been around for a few years, according to the link.

A company does have the right to protect their trademark.
The company does not own the word "moose". It owns trademark Moosehead. Another trademark is Moose Wizz.
Suing over the word in everybody's vocabulary is plain wrong.
No one should own the common word in trademark. Moosehead did not invent the word moose. Period.

Imagine lawsuits over the word photography.
09-16-2016, 02:58 PM   #9
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QuoteOriginally posted by micromacro Quote
The company does not own the word "moose". It owns trademark Moosehead. Another trademark is Moose Wizz.
Suing over the word in everybody's vocabulary is plain wrong.
No one should own the common word in trademark. Moosehead did not invent the word moose. Period.

Imagine lawsuits over the word photography.


This is the issue and this is the decision.. Period.

"Three weeks ago, a federal court jury in Syracuse found that a Lake George brewery's Moose Wizz root beer infringed on trademarks belonging to Moosehead Breweries of Canada. It assessed a fine of $8,800 against the Adirondack Pub & Brewery, whose soda division makes and markets Moose Wizz."
09-16-2016, 04:05 PM   #10
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QuoteOriginally posted by lesmore49 Quote
This is the issue and this is the decision.. Period.
What's your point? Do you really think that any company which incorporates the common word as a part of trademark, owns that word?

Here is the reason why I've never donated a penny to Komen.
Legal Battle over Komen Foundation’s “For the Cure” | LegalZoom Blog
09-16-2016, 04:12 PM   #11
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And the winner is ......the lawyers,yay!
09-16-2016, 04:15 PM   #12
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QuoteOriginally posted by micromacro Quote
Here is the reason why I've never donated a penny to Komen.
Yep...and here's the reason I don't eat at Chick-Fil-A Big corporations get stupid more often than not.

Chik Fil A Defeated as Bo Muller-Moore Wins 'Eat More Kale' Trademark

Regards!
09-16-2016, 04:22 PM   #13
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QuoteOriginally posted by Rupert Quote
Yep...and here's the reason I don't eat at Chick-Fil-A Big corporations get stupid more often than not.
Did not know that. I just don't like that place, tried it ones, their chicken stink, literally.
Seems like stinky companies love fishing expeditions to abuse copyright and trademark laws because they can.
09-16-2016, 05:11 PM   #14
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Note that the Canadian brewer didn't sue in Canada. The real problem is that in the US intellectual property disputes are often (usually?) determined by juries rather than by judges. I doubt a claim like this would have succeeded in Canada or another common law country.

IP lawyers and patent attorneys in other countries generally think the US system is arbitrary and absurd. Sometimes it suits their clients to use it.
09-16-2016, 06:16 PM   #15
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QuoteOriginally posted by micromacro Quote
What's your point? Do you really think that any company which incorporates the common word as a part of trademark, owns that word?

Here is the reason why I've never donated a penny to Komen.
Legal Battle over Komen Foundation’s “For the Cure” | LegalZoom Blog
We don't seem to be discussing the same issue and there is no point in continuing this discussion, in my view.
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