Re: Boycott Magic Hat Brewing Company...

Mon Jun 28, 2010 12:52 pm

mr x wrote:Once again, if you believe that the Magic Hat #9 is not a direct reference to the Beatles song, you need to put down the bottle. And there is no real need for further 'conversation'.

As far as the Zappa incident, I remember it well. Are you sure you understand it? Permission to use references to Frank were required. Does Frank have legal powers above other musical artists?


I had no idea it was a reference to a beatles song. I dislike the music, and I think it's pretty unrealistic to think that "everyone" should acknowledge that this is an intimate reference too, theft, and infringement upon whatever song you're talking about.

Also, on tour at magic hat, sometimes it's part of their shtick to mention that it was indeed Alan's 9th recipe (at least some of the better tour guides throw that in there - even though they are fewer and further between .... but that's not the point). I lived a stones throw from the brewery when I was in Burlington, so I've only visited/been marketed too upon that fact dozens of times when visiting the brewery with friends from out of town.

Also, we would all be nieve to think that there are not other beer brands out there, who's names may or may not have been inspired or influenced by a song or its lyrics. Again, from a legal standpoint, in most cases, it would be moot (note all of the properly laid out points about the Zappa Estate in posts prior for an exception and the reasons there of).

Maybe Stone Brewing Co. should be considered sleezy for stealing the Stone from Rolling Stones.

Finally. It's a pretty duche move to continually repeat, "you should all put down the bottle" - just because a few people do disagree with you, and are willing to try and explain their points in different manners, as apposed to just repeating the same weak point incessantly.

Just saying.
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Re: Boycott Magic Hat Brewing Company...

Mon Jun 28, 2010 1:24 pm

The only difference in the last 2 pages of this thread with regard to mr. x's argument is that he mentioned "of a certain generation." Having said that, you're going to need to realize that there may be a lot of us that are not of that generation and therefore the #9 reference means nothing to us. To you it may be a clear reference to some song from 40 years ago, but just because it means that to you doesn't mean it means that to everyone.

I also wonder that if it was such a blatant rip of this song, don't you think that whoever owns the rights to that song would be after Magic Hat? I don't think they've been sued over the use of #9 yet so to me that shows that maybe it's not such a blatant rip off of this song we're talking about.

With regard to the frank Zappa beers Lagunitas made, I've heard that show several times on the archives that are constantly playing from the BN webpage and, going by memory, what thatguy314 is saying is correct. The Zappa series beers they produced were done so with permission. When that permission was rescinded, the series stopped. To my knowledge there haven't been any suits over the Zappa series beers Lagunitas did create. If they were produced without permission or if they stole the names of them, or ripped off whoever owns the Zappa estate, I'd think they'd be hauled into court by the very entity that gave them permission in the first place and then rescinded it, but that hasn't happened either I don't think.
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Re: Boycott Magic Hat Brewing Company...

Mon Jun 28, 2010 4:21 pm

the Beatles suck. magic hat sucks. this thread sucks. arguing if a suck sucked a suck also sucks.
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Re: Boycott Magic Hat Brewing Company...

Mon Jun 28, 2010 5:51 pm

you suck but thats a whole 'nother subject :mrgreen:
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Re: Boycott Magic Hat Brewing Company...

Mon Jun 28, 2010 6:05 pm

speed wrote:you suck but thats a whole 'nother subject :mrgreen:
you're just mad 'cause I was the prettiest in Crow Peak. start using that night time mask, it might help. 8)
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Re: Boycott Magic Hat Brewing Company...

Mon Jul 05, 2010 9:20 am

TheDarkSide wrote:Rat Pad!!!

Oops...wrong thread.


Strangely, I like this guy.
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Re: Boycott Magic Hat Brewing Company...

Mon Jul 05, 2010 11:46 am

Azimuth wrote:I spoke with a pro brewer today who received a cease and desist letter from a large winery regarding one of their beer's name. The winery did not have a wine with the same name but was PLANNING, I REPEAT, PLANNING to use the name at a future date. Apparently if you are a mega-wine conglomerate and have a large legal team you can call SAVESIES.

Lesson here is never confuse "the law" with "what is right or wrong".

I used to work for a large tobacco company that had a bunch of names trademarked that they might, maybe, someday, possibly use, if the marketing groups thought the names were cool. They put their unfiltered cigarettes in a white wrapper with this potential brand name on it, and sold it to a couple of accounts, literally, just to make sure they had the rights to use it. I wonder if the mega-wine conglomerate does something similar.
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Re: Boycott Magic Hat Brewing Company...

Thu Jul 08, 2010 7:04 am

Dirk McLargeHuge wrote:
Azimuth wrote:I spoke with a pro brewer today who received a cease and desist letter from a large winery regarding one of their beer's name. The winery did not have a wine with the same name but was PLANNING, I REPEAT, PLANNING to use the name at a future date. Apparently if you are a mega-wine conglomerate and have a large legal team you can call SAVESIES.

Lesson here is never confuse "the law" with "what is right or wrong".

I used to work for a large tobacco company that had a bunch of names trademarked that they might, maybe, someday, possibly use, if the marketing groups thought the names were cool. They put their unfiltered cigarettes in a white wrapper with this potential brand name on it, and sold it to a couple of accounts, literally, just to make sure they had the rights to use it. I wonder if the mega-wine conglomerate does something similar.



That's just smart business. I am not sure why people hate on smart people so much. You have an idea but it's not thought out 100%, so you make sure you are not putting time into an idea that someone else can have and take first. Love it.
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