Welcome to Northern Brewer

– "Brew, Share, Enjoy."

Bell's Brewery goes after Northern Brewer

Moderator: Global Moderators

<<

BRANDON

User avatar

Master Brewer

Posts: 2089

Joined: Sun Dec 07, 2008 3:42 pm

Location: Nashville, TN

Post Tue Mar 22, 2011 1:03 pm

Bell's Brewery goes after Northern Brewer

Kinda surprised I haven't seen a mention of this over here:

From Northern Brewer's Facebook page

So ... we just received a letter from an attorney representing one of our favorite craft breweries; this letter informed us that we need to change the name of our Three Hearted Ale kit in a hurry. We'd love to hear your suggestions!
<<

ShortTom007

User avatar

Master Brewer

Posts: 145

Joined: Tue Nov 02, 2010 11:24 am

Location: Oak Park, IL

Post Tue Mar 22, 2011 1:10 pm

Re: Bell's Brewery goes after Northern Brewer

This really does suck, but I can kinda see where Bell's is coming from. I'd probably want them to change it too in order to protect the trademark. Still, that is pretty annoying. Any idea what they should change it to? I saw on their FB that several people had suggested Triple Bypass Ale or Broken Heart Ale.
On Deck: Irish Red Ale, E(SB) Street Band featuring Clarence Clemmontines, Taungthugyi Min (The Cucumber King)
Primary: Chocolate Milk Stout
Secondary: None
Keg 1: Dead Ringer
Keg 2: None

Free the Hops in Alabama!
http://www.freethehops.org
<<

mvsawyer

User avatar

Master Brewer

Posts: 1659

Joined: Fri Mar 11, 2011 12:59 pm

Location: North Dallas, Texas

Post Tue Mar 22, 2011 1:19 pm

Re: Bell's Brewery goes after Northern Brewer

One is a craft brewer that distributes its beer. The other is homebrewed. How is the trademark at risk unless homebrewers were selling their beer under the Bell's Brewery name. Just call it "Thief Hearted Ale"
:twisted:
Prm1: Schwarzbier
Prm2: 1st Oktoberfest
Prm3: Dunkelweizen
Prm4: Helles
Keg: RIS Lite, Innkeeper, Honey Kölsch, Ranger Clone
Is Google a man or woman?
Has to be a woman because you can't finish a sentence without her suggesting something else.
<<

airlocksniffer

User avatar

Master Brewer

Posts: 1075

Joined: Sat Oct 17, 2009 6:38 am

Location: Helena, MT

Post Tue Mar 22, 2011 1:19 pm

Re: Bell's Brewery goes after Northern Brewer

It seems odd that NB hasn't changed the name already as with other commercial-inspired recipes such as Caribou Slobber and Shirley Furioso. I see where Bell's is coming from.
Only think of two things - the gun and the tape. When you hear the one, just run like hell until you break the other. ~Sam Mussabini
<<

tom sawyer

Master Brewer

Posts: 8940

Joined: Tue Jan 30, 2007 10:29 am

Location: Hannibal, MO

Post Tue Mar 22, 2011 1:42 pm

Re: Bell's Brewery goes after Northern Brewer

Guess they haven't heard that imitation is the sincerest form of flattery.

I'd rename it something that doesn't indicate the beer it was originally intended to copy. Maybe call it All American IPA.
Lennie

Brewing: Lambics (always), dopplebock
<<

zwiller

User avatar

Master Brewer

Posts: 554

Joined: Tue Mar 01, 2011 1:49 pm

Location: Sandusky, OH

Post Tue Mar 22, 2011 1:48 pm

Re: Bell's Brewery goes after Northern Brewer

Although I understand, it seems overkill to use an attorney to me...

How about No-Hearted Ale or Who Farted Ale?

Probably best to stay the heck away from any deviation: Centennial IPA
On deck(wishlist): Porter, Hefeweizen, Saison

Primary: IPA Finally!
On Draft: NOTHING!

"I want my two dollars..."
<<

tom sawyer

Master Brewer

Posts: 8940

Joined: Tue Jan 30, 2007 10:29 am

Location: Hannibal, MO

Post Tue Mar 22, 2011 1:56 pm

Re: Bell's Brewery goes after Northern Brewer

What I'm really surprised about, is that NB doesn't clear this with the breweries in advance.
Lennie

Brewing: Lambics (always), dopplebock
<<

gregscsu

User avatar

Master Brewer

Posts: 2275

Joined: Tue Sep 01, 2009 1:34 pm

Location: Cottage Grove, MN

Post Tue Mar 22, 2011 2:12 pm

Re: Bell's Brewery goes after Northern Brewer

IIRC, NB had been calling it Two-Hearted Ale - Nevermind I see that I am just blind

Two Bells IPA
Last edited by gregscsu on Tue Mar 22, 2011 2:15 pm, edited 1 time in total.
Primary: BVIP, Milk Stout
Secondary:
Keg: Apfelwein, Brown Ale, Brandy Oak Irish Red, Octoberfest, Black & Mild
Cask: Brown Ale
<<

Narvin

User avatar

Master Brewer

Posts: 1343

Joined: Sat Feb 17, 2007 11:01 am

Location: Baltimore, MD

Post Tue Mar 22, 2011 2:14 pm

Re: Bell's Brewery goes after Northern Brewer

Larry Ball's Who Farted Ale.

Edit: See that someone already beat me to it!
<<

ablanquart

Apprentice Brewer

Posts: 19

Joined: Wed Mar 23, 2005 2:31 pm

Post Tue Mar 22, 2011 2:38 pm

Re: Bell's Brewery goes after Northern Brewer

Really what it amounts to (I am not a lawyer) is protecting the brand and/or intellectual property. What happens is the company must defend their name in any case, even if the name is close.... no matter how frivolous. The reason that they have to do this is - let's say a commercial brewery creates a brew called Three Hearted Ale. Bell's sues them, but the defense will do some research and find out NB has a kit named Three Hearted ale. Their defense will simply be "Well, you didn't seem to care that NB had a kit called Three Hearted Ale, so why do you care now?" May seem silly but that's the way works and is the cause of many a frivolous lawsuit in our wonderful justice system...
<<

BRANDON

User avatar

Master Brewer

Posts: 2089

Joined: Sun Dec 07, 2008 3:42 pm

Location: Nashville, TN

Post Tue Mar 22, 2011 2:49 pm

Re: Bell's Brewery goes after Northern Brewer

ablanquart wrote:Really what it amounts to (I am not a lawyer) is protecting the brand and/or intellectual property. What happens is the company must defend their name in any case, even if the name is close.... no matter how frivolous. The reason that they have to do this is - let's say a commercial brewery creates a brew called Three Hearted Ale. Bell's sues them, but the defense will do some research and find out NB has a kit named Three Hearted ale. Their defense will simply be "Well, you didn't seem to care that NB had a kit called Three Hearted Ale, so why do you care now?" May seem silly but that's the way works and is the cause of many a frivolous lawsuit in our wonderful justice system...


There is a huge difference between selling raw ingredients and selling a brewed/packaged beer.
<<

Haasfilm

User avatar

Master Brewer

Posts: 840

Joined: Fri Apr 14, 2006 6:42 am

Location: Less than a mile from NB in St. Paul!

Post Tue Mar 22, 2011 2:56 pm

Re: Bell's Brewery goes after Northern Brewer

To me it seems like an homage, or compliment to offer a kit that emulates a popular beer. I agree with Brandon that selling ingredients to make your own version of a beer is quite different from selling a cloned commercial beer. I suppose the legal reasons cited above make some sense, but it seems a sad reminder of the litigious nature of our society. The beer is named after Hemingway's Big Two Hearted River stories (http://en.wikipedia.org/wiki/Big_Two-Hearted_River). Shouldn't be hard to think of a new title referring to the stories in some way, assuming that satisfies Bell's legal dept.
Last edited by Haasfilm on Tue Mar 22, 2011 2:57 pm, edited 1 time in total.
Less than a mile from Northern Brewer!
<<

maxieboy

User avatar

Master Brewer

Posts: 646

Joined: Mon Aug 17, 2009 1:42 pm

Location: MI

Post Tue Mar 22, 2011 2:57 pm

Re: Bell's Brewery goes after Northern Brewer

zwiller wrote:Although I understand, it seems overkill to use an attorney to me...

How about No-Hearted Ale or Who Farted Ale?

Probably best to stay the heck away from any deviation: Centennial IPA


Founders(Grand Rapids MI) IPA is called Centennial IPA! I like "Who Farted Ale".
No matter how little money or how few possessions you own, having a dog makes you rich.

[47.7, 310.8] Apparent Rennerian
<<

mvsawyer

User avatar

Master Brewer

Posts: 1659

Joined: Fri Mar 11, 2011 12:59 pm

Location: North Dallas, Texas

Post Tue Mar 22, 2011 3:20 pm

Re: Bell's Brewery goes after Northern Brewer

I knew a race horse named Hoof Hearted...
Prm1: Schwarzbier
Prm2: 1st Oktoberfest
Prm3: Dunkelweizen
Prm4: Helles
Keg: RIS Lite, Innkeeper, Honey Kölsch, Ranger Clone
Is Google a man or woman?
Has to be a woman because you can't finish a sentence without her suggesting something else.
<<

tom sawyer

Master Brewer

Posts: 8940

Joined: Tue Jan 30, 2007 10:29 am

Location: Hannibal, MO

Post Tue Mar 22, 2011 3:22 pm

Re: Bell's Brewery goes after Northern Brewer

Who Farted is catchy, but I don't know that it would promote sales. Then again, we're talking about a bunch of middle-aged male home brewers...
Lennie

Brewing: Lambics (always), dopplebock
Next

Return to Northern Brewer General

Who is online

Users browsing this forum: Frenchie, MSNbot Media