from the try-try-again dept

After we and others mentioned the huge trademark lawsuit between Molson Coors, makers of Keystone beer amongst different manufacturers, and Stone Brewing, it was billed as a David versus Goliath situation. Now, if I bear in mind my bible research accurately, as soon as David slung a few well-placed rocks into Goliath’s brow, Goliath didn’t then stand up and ask for an additional go of it (principally as a consequence of David eradicating Goliath’s head from his physique, I assume).

However right here, Molson Coors is doing precisely that. After being hit with a $56 million judgement by the jury within the case, Molson Coors requested for the judgement to both be thrown out or {that a} new trial be spun up. Each of these requests were denied by the court docket on the time, together with a denial of Stone Brewing’s request for a brand new trial as a result of it thought Molson Coors hadn’t been hit with sufficient damages.

Now, it’s essential to take into account that this trademark motion was over actions taken by Molson Coors, corresponding to promoting and commerce gown modifications that emphasised the “Stone” in “Keystone,” and our evaluation that these modifications constituting trademark infringement being very questionable. I used to be a beer-drinker for almost 20 years (I’m in my 40s now, so now I’m a snooty wine/whisky drinker) and it strains credulity to suppose that anybody goes to be confused between Keystone beer and Stone Brewing beer merely as a result of the previous modified the font measurement of “stone” on its packaging. There have been another points as a part of the swimsuit, corresponding to components of the commerce gown referring solely to what number of “stones” had been in a 15-pack and the like, however most of this rested on the prominence of “stone” on the packaging.

Effectively, Molson Coors is interesting, with its reasoning being mostly along those same lines.

Molson Coors argued earlier than a panel of Ninth Circuit judges Tuesday that the choice in a trademark dispute towards Stone Brewing was based mostly on defective authorized reasoning and requested the panel to reverse the decrease court docket verdict.

“No fairly prudent beer client would ever confuse the 2, particularly as a result of Stone IPA is priced at three to 4 instances the worth of the economic system Keystone Gentle,” mentioned Quinn Emanuel Urquhart & Sullivan legal professional Kathleen Sullivan, who represents Molson Coors.

Sullivan additionally mentioned no rebrand ever passed off to capitalize of Stone Brewing’s identify, calling her shopper’s change in design a “trivial” packaging change — not a rebrand, however a “refresh.”

“There’s not quite a lot of actual property in advertising and marketing, so typically it’s a must to cut up issues into two strains.”

Now, because the submit notes, some members of the panel of judges have already beginning pushing again on a few of Molson Coors’ argument. And a few of that pushback is fairly regarding should you consider that there must be some measure of sanity in trademark regulation. Right here’s an instance.

U.S. Circuit Choose Susan P. Graber, a Invoice Clinton appointee, pushed again. She famous that after the change, “stone” was far more outstanding on the can, calling into query the corporate’s motivations.

Sullivan dismissed this reasoning. “If the Arduous Rock Cafe begins italicizing ‘rock,’ that doesn’t imply it now infringes Dwayne Johnson — The Rock’s — trademark,” she countered.

“Effectively, it is perhaps if he owns a restaurant,” chimed in U.S. Circuit Choose Patrick J. Bumatay, a Donald Trump appointee.

That’s loopy. You must actually do some psychological gymnastics to think about that any type of buyer confusion would happen with that type of change between two manufacturers which have achieved the type of fame each The Arduous Rock Cafe and Dwayne “The Rock” Johnson have gained. And the identical is true on this case. Each Keystone and Stone Brewing are established, well-known manufacturers within the beer trade. A lot so, really, that the entire “David versus Goliath” trope that all of us engaged in might be an analogy misfire.

Stone Brewing is perhaps a David to Molson Coors’ Goliath, I suppose, however Stone Brewing is the Goliath to a lot of the remainder of the craft brewing trade. Positive, Molson makes billions in income per yr, however Stone Brewing makes tons of of thousands and thousands in income itself. Examine that with one other established craft beer participant, corresponding to Rogue Ales & Spirits, which brings in about $60 million. Given the notoriety of each manufacturers, you’d suppose there could be very actual buyer confusion that Stone Brewing may have introduced as trial proof in a voluminous manner. Stone Brewing tried to carry a few of that to trial with research and a few social media posts, however I’d say it was all reasonably weak given the context.

Particularly given the timeline at play right here, which is one other level that Molson Coors raised on enchantment.

Molson Coors additionally says the case by no means ought to have gone to trial as a result of Stone Brewing missed its window to sue.

Stone Brewing despatched a stop and desist letter to Molson Coors in 2010 over its use of the phrases “stone,” “stones” and “maintain my stones,” however didn’t file a criticism till 2017 when it claims to have begun affected by the rebranded cans.

“As soon as we weren’t sued by 2014, we had been entitled to suppose they didn’t sue us,” mentioned Sullivan, referring to the statute of limitations.

The laches protection, in different phrases. If we’re going by California regulation right here, as I feel we’re, the analogous state regulation based mostly on precedent could be a 4 yr interval of cheap time to file swimsuit, with something past that being an unreasonable delay. An instance of that precedent could be Pinkette Clothing, Inc. v. Cosmetic Warriors Limited, the place this similar court docket mentioned 4 years was the road within the sand.

Given a number of the commentary by the panel of judges, I don’t know how probably it’s that Molson Coors will get any type of win right here. And that’s unlucky, as a result of none of this seems like actual trademark infringement to this previously beer-soaked author.

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Corporations: molson coors, stone brewing


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