Having a noble purpose is not enough to avoid a cease and desist request for alleged trademark infringement. Just ask Yellowstone Valley Brewing Co.
The Billings, MT, brewery announced today it has changed the name of its charitable pint night after receiving such a letter from attorneys representing Ninkasi Brewing, LLC. Like many breweries, Yellowstone Valley has long hosted a regular charity evening where a portion of the proceeds from beer sales is donated to a charitable organization.
Ninkasi Brewing Co. is the Eugene, OR, based brewer of beers such as Believer Double Red Ale, Tricerahops Double IPA, and Oatis Oatmeal Stout. Its tremendous growth from zero to the 30th largest U.S. “craft” brewery in seven years is reflective of the name for one of its flagship beers, Total Domination IPA.
Ninkasi obtained federal trademark registration for the name “Pints for a Cause” on October 1, 2013. The name is registered in the goods and services class for “charitable fundraising services by means of selling goods to raise funds.” Ninkasi claims it first used the name in commerce in October, 2011.
Yellowstone Valley began calling its charity pint night “Pints for a Cause” in October 2013. Moving forward, the events will now be known as “PintAid.”
When asked via email why Ninkasi believes it is important to trademark the name, Ninkasi’s Communications Coordinator, Ali AAsum, stated “Pints for a Cause is a program that is very near and dear to us at Ninkasi. . . . . Since 2012, we have worked with more than 200 organizations locally in Eugene, donating more than $30,000 total to these organizations – and that’s just in our hometown alone. We have dedicated numerous resources to the success of this program and applaud other businesses and breweries who do so as well.” AAsum says Ninkasi operates the Pints for a Cause throughout its distribution area, including Montana.
It’s Ninkasi’s standard procedure to “personally call” to discuss potential trademark infringement issues and seek alternate solutions, says AAsum, who notes “more times than not these are friendly conversations that end positively and are a great nod to the spirit of our industry.”
Yet, that is not what happened here. Owner George Moncure first learned of the problem via a phone call from Ninkasi’s legal counsel on May 23. Moncure said it was clear Ninkasi wanted Yellowstone Valley to stop using the name. When presented with this information, AAsum acknowledged initial calls on Ninkasi’s trademark matters are typically handled by attorneys.
For his part, Moncure admits he let out a very John McEnro-esque “You Can’t Be Serious!” in that initial telephone call, perhaps contributing to a less than optimal conversation.
Though he was bothered by the lawyer-first approach, Moncure is taking the matter in stride, saying he’s happier with the new name and looking forward to more successful events.
