The trademark saga continues between West Sixth Brewing and Magic Hat over the #9 trademark. This from West Sixth on the rejection of their latest offer by Magic Hat:
Friends-thanks to your help, Cerveceria Costa Rica / North American Breweries / Magic Hat is listening!
Despite the public outrage over their heavy-handed tactics, they rejected our offer, now claiming that they are due additional damages because of the outrage you’ve expressed. They don’t seem to realize that you all are angry about their bullying lawsuit, not our Facebook posts!
That said, we do have some good news – because of the pressure you all applied, they’ve also a...greed to go into a mediation session with a magistrate judge. This will likely happen over the next week or so. We have no idea whether or not they’re willing to start at a reasonable place, since they still won’t tell us any settlement terms they would accept. While this makes us extremely cautious, we’re hopeful that they’re going into it in good faith and that this is not just a stall tactic.
At the same time, however, they’ve amended their lawsuit to up the stakes by including additional charges of “defamation” and “false advertising”, accusing us of lying throughout our posts online. They’re also contacting distributors and individuals throughout the country accusing us of lying. And now they’ve asked the court for an injunction for “immediate relief” against our public communications because they realize they have a lot to lose from the public hearing the truth about their legal tactics.
This will hopefully be our last post on this subject until after mediation. We’re eager to start talking about more fun topics – like the re-release of our tasty Pay-it-Forward Porter this Friday!
Thank you again for all the support. We couldn’t be more appreciative of all the kind words we’ve received, both publicly and privately, as well as all the support you’ve provided by buying our beer when you’re out and about.
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