Boycott Magic Hat Brewing Company...

[ApresSkiBrewer]

That may be but and a big but here, The Beatles song bares no resemblance or competition in the space of beer and having a big fat number 9 on a beer label sitting next to another beer with a 9 on the label could easily add confusion to the buyer of said beer. A beer with a 9 on it sitting next to a CD from the Beatles would not create the same confusion, unless you are a moron, hence apples and oranges.

I won the Special Olympics 100m dash by my tongue.

That's not the point. Magic Hat is using the Beatles song as marketing for their beer. That isn't debatable (unless you are a moron). What grounds do they have to say to another company that they can't steal the stuff they stole? There is no apples and oranges.

BrewBum's point (I think) is that isn't how trademark infringement works. It only matters in similar industries. Look at American Apparel, and American Airlines. Same Font, similar layout/design. Nobody goes to American Apparel to buy a shitty ticket. According to the law, it's apples and oranges.

[ApresSkiBrewer]

EWWWWWW this topic stinks like a beeradvocate thread. Also in :



Boycott them all, drink homebrew!

Watch this video!

http://www.youtube.com/watch?v=4pLj9BoNb1U

^^ I agree with the above post most of all.

[mr x]

That may be but and a big but here, The Beatles song bares no resemblance or competition in the space of beer and having a big fat number 9 on a beer label sitting next to another beer with a 9 on the label could easily add confusion to the buyer of said beer. A beer with a 9 on it sitting next to a CD from the Beatles would not create the same confusion, unless you are a moron, hence apples and oranges.

I won the Special Olympics 100m dash by my tongue.

That's not the point. Magic Hat is using the Beatles song as marketing for their beer. That isn't debatable (unless you are a moron). What grounds do they have to say to another company that they can't steal the stuff they stole? There is no apples and oranges.

BrewBum's point (I think) is that isn't how trademark infringement works. It only matters in similar industries. Look at American Apparel, and American Airlines. Same Font, similar layout/design. Nobody goes to American Apparel to buy a shitty ticket. According to the law, it's apples and oranges.

My point is that if you are sleazy enough to say you can't steal it because I stole it first, you are hardly deserving of respect. Hence, I think a boycott is quite acceptable to businesses that behave in this manner. And it doesn't only matter in similar industries. See Lagunitas and their Frank Zappa series.....

[San_Diego_Matt]

My point is that if you are sleazy enough to say you can't steal it because I stole it first, you are hardly deserving of respect. Hence, I think a boycott is quite acceptable to businesses that behave in this manner. And it doesn't only matter in similar industries. See Lagunitas and their Frank Zappa series.....

We don't get MH beers in San Diego so I don't really know anything about them. Do they openly admit that they got the name for their beer from the beatles song? Hell, I don't even know that song either. To me it's not overtly obvious that the MH beer is related in any way to some song the beatles sang.

and are you at all aware of the zappa series lagunitas put out? Assuming you are, then you know they produced those beers with the consent of zappa's estate.....right?

[ApresSkiBrewer]

BrewBum's point (I think) is that isn't how trademark infringement works. It only matters in similar industries. Look at American Apparel, and American Airlines. Same Font, similar layout/design. Nobody goes to American Apparel to buy a shitty ticket. According to the law, it's apples and oranges.

My point is that if you are sleazy enough to say you can't steal it because I stole it first, you are hardly deserving of respect. Hence, I think a boycott is quite acceptable to businesses that behave in this manner. And it doesn't only matter in similar industries. See Lagunitas and their Frank Zappa series.....[/quote]


The law isn't in place to protect against people being sleezy. haha. Then nobody would be in the court room.

I also don't think magic hat was thinking they were being sneaky and trying to steal the "#9" idea from the beatles. If anything it blends with their hippy/hipster marketing. I don't think they would deny at all that it was more of an homage than something they would try to claim as their own.

On the other hand, 9# could create confusion in the marketplace, as JP outlined. I don't think that legal action was necessarily the best solution that they could have taken, but it was definitely their right (sleezy or not).

[bcmaui]

There are some good lawyers out there, and many douchebag lawers as well.

There are some good insurance agents out there, and many douchebags as well.

Neither of them creates anything tangible, and if you are a good business person you will typically pay both of them much more than they will ever earn for you, but they also have their purpose and usefulness. I'd rather be paying attorneys and insurance companies my protection money than an organized crime syndicate.

If your company has enough extra money to pay attorney fees for stupid lawsuits or inflated insurance premiums, that's how the system works. It will go on until the marketing folks realize how much they are wasting on attorneys that could be used for advertising.

[jwatkins56550]

Never been a fan of magic hat anyway...so it wont be hard for me to boycott them....

[mr x]

My point is that if you are sleazy enough to say you can't steal it because I stole it first, you are hardly deserving of respect. Hence, I think a boycott is quite acceptable to businesses that behave in this manner. And it doesn't only matter in similar industries. See Lagunitas and their Frank Zappa series.....

and are you at all aware of the zappa series lagunitas put out? Assuming you are, then you know they produced those beers with the consent of zappa's estate.....right?

And are you at all aware of what happened when the people in charge of those song titles (which apparently have no connection to beer because it's not beer and that's the way things work in this thread) said don't do that?