Lagunitas Brewing has filed suit in the California North District Court and they are claiming the style and “IPA” lettering used on the Sierra Nevada Hop Hunter IPA packaging is too similar to their IPA packaging. Details from the suit are below:
RFC Case Number: T-T15-153S
Court Case Number: 3:15-cv-00153-EDL
File Date: Monday, January 12, 2015
Plaintiff: The Lagunitas Brewing Company
Plaintiff Counsel: Shady E. Joulani, Deanna R. Kunze, Bruce E. Copeland, Robert K. Carrol of Nixon Peabody LLP
Defendant: Sierra Nevada Brewing Co.
Cause: 15:1126 Patent Infringement
Court: California Northern District Court
Judge: Magistrate Judge Elizabeth D. Laporte
COMPLAINT against Sierra Nevada Brewing Co. ( Filing fee $ 400, receipt number 0971-9202036.). Filed byLagunitas Brewing Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Carrol, Robert) (Filed on 1/12/2015) (Entered: 01/12/2015)
Certificate of Interested Entities by The Lagunitas Brewing Company (Carrol, Robert) (Filed on 1/12/2015) (Entered: 01/12/2015)
Summons Issued as to Sierra Nevada Brewing Co. (mclS, COURT STAFF) (Entered: 01/12/2015)
REPORT on the filing or determination of an action regarding Trademark Infringement. (cc: form mailed to register). (mclS, COURT STAFF) (Entered: 01/12/2015)
From Sierra Nevada:
Founded in 1980, Sierra Nevada is a pioneer of craft brewing and sets the standard for quality. Our brand narrative has always been about our passion, innovation and intrepid spirit.
We’ve been making IPAs since 1981. Hop Hunter IPA is the latest product in our portfolio, with the bright Sierra Nevada banner prominently displayed across the top of the design, and the beer style underneath—an IPA in this case—so that beer drinkers know exactly what beer they are reaching for. We have no interest in our products being confused with any other brand.
Debuting in 12-ounce bottles in early 2015, Hop Hunter IPA features oil from wet hops steam distilled directly in the field, minutes after harvest.
From Tony Magee at Lagunitas Brewing:
This is a course of action I did not want to take- I tried to work w Ken without success. Deeply saddened and & I wish it was otherwise.
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Can you imagine what would happen if I used a crown logo or a golden scroll or a red star or a red triangle or a harp on my own label...?...There would be hell to pay and we'd have it coming...
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But there's a certain cheapness to that & u don't own the ground you stand on, cuz there is no ground. But it's easier. And it's cheaper.
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When doin sumpin new its best to build fr the ground up. It's time-consuming. Easier to use a sky-hook and lever up on someone else's works.
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Finding a uniquely individual voice is hard in life&even harder in design: a visual language w/o words. Archetypes. Symbols. Cypheric memes.
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That work is a genuine tribute to the forces of creativity present in CraftBrewing today. That voice of the individual brewer is very pure.
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We TM'd our IPA as a 'design mark'. Can't claim the letters. 1000's of us make IPAs. Most have found their own cool way t say it w/strength.
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LagunitasT @lagunitasT represents an awful lot. It's how u know us as individuals. Maker's-marks were like that in medieval craft guilds. Identity is subtle biz0
- LagunitasT
@lagunitasTTrademarks
r a big part of what craft brewers do...like a cattle brand or aboriginal peeps tattoo. The 1st TM was Bass Ale's 'red triangle'.LagunitasT @lagunitasTThe
following tweets are from a couple weeks back...it's all still true....
LagunitasT @lagunitasT · 7h7 hours ago
I had to know the Answer, but the Answer came much sooner than I thought and in a different Court than I thought it would. Can I say thanks?
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LagunitasT @lagunitasT · 7h7 hours ago
Tomorrow mornin we'll Drop the Infringement Suit & get back to answering other Questions. I don't think I was wrong for wanting to know cuz…
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LagunitasT @lagunitasT · 7h7 hours ago
I don't know every answer beforehand, so I feel around for the edges and try to learn. Today I was seriously schooled & I heard you well…
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LagunitasT @lagunitasT · 7h7 hours ago
Today was in the hands of the ultimate court; The Court of Public Opinion and in it I got an answer to my Question; Our IPA's TM has limits.
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LagunitasT @lagunitasT · 7h7 hours ago
There r many Courts in the world. For me, over the last month, one Court was a series of rebuffed phone calls. Another was a court of law...
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LagunitasT @lagunitasT · 7h7 hours ago
Defending a biz requires answers to Hard Questions. Q's like: Are our Foundations Strong? Are our Flavors right? Are our Labels Defensible?
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LagunitasT @lagunitasT · 7h7 hours ago
Today, January 13th 2015, has been the worst day ever in 23 years of growing my brewery. Worst. Growing a biz involves defending a biz...
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