Trademark asserted over nines, sixes in beer labeling

by Walter Olson on May 27, 2013

An international brewing company that uses a red-and-orange “#9″ mark on one of its brands is suing Lexington, Ky. craft brewer West Sixth Brewing Co., which uses a black-and-green “6.” “If it was on a coaster, and the person across the table was colorblind and fairly stupid, I suppose there might be some initial confusion. … there might be a problem if somebody is holding their beer upside down.” [Lowering the Bar; Kentucky.com]

{ 4 comments }

1 Sean P. 05.27.13 at 12:59 am

The same brewery sent a nastygram to a local Seattle brewery selling a beer called 9 lb. Porter. It was especially ridiculous given that the beer was brewed specifically for a bar called 9 lb. Hammer (and Magic Hat wasn’t even distributed locally at the time). Nice people, huh?

2 marco73 05.27.13 at 6:20 pm

Since they are so insistent on defending the number nine, just wait for the inevitable lawsuit against Sesame Street.

3 John Burgess 05.27.13 at 7:53 pm

@Sean P…. Lawyers have to eat, too, you big meany.

4 Sean N. 05.28.13 at 2:12 pm

I think there’s a legitimate complaint here, actually. When I saw the West Sixth beer in the store, I thought it was a new Magic Hat beer (I’m a beer geek constantly on the hunt for new brews to try). I’m not a trademark lawyer, so I can’t speak to whether it meets the legal requirements for a dilution complaint, but the brewery’s complaint doesn’t strike me as specious as the LTB article makes it out to be.

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