Craft Brew News 09/12/19

Judge Denies A-B’s Motion to Dismiss Patagonia Trademark Lawsuit

A federal judge on Tuesday denied Anheuser-Busch’s motion to dismiss a trademark case filed by outdoor clothing maker Patagonia after the world’s largest beer manufacturer launched a beer called Cerveza Patagonia.

According to Law 360, Patagonia sued for trademark dilution, rather than trademark infringement, due to the two company’s products being unrelated. A company can only file for trademark dilution when the mark has become “famous.”

U.S. District Judge Virginia A. Phillips ruled that Patagonia, who cited more than $10 billion in sales, did indeed fit this description.

Phillips wrote “To meet the ‘famousness’ element of protection under the dilution statutes, a mark must be truly prominent and renowned. “Plaintiffs have sufficiently alleged that its ‘Patagonia’ mark is famous and distinctive.”

Along with trademark dilution, the lawsuit also sought to cancel A-B’s 2012 registration of the name “Patagonia,” as it could be associated with the apparel company. Phillips refused A-B’s request to dismiss those claims.

Patagonia general counsel Rob Tadlock told Law 360 that A-B has “deliberately tried to confuse customers into thinking that Patagonia Cerveza is produced by Patagonia, rather than Anheuser-Busch.”

Last month, A-B launched Cerveza Patagonia in 13 states.

Brewers Association Estimates Number of Breweries in Planning

Brewers Association (BA) chief economist Bart Watson, referencing state license lists and brewery-in-planning memberships in its database, along with Alcohol and Tobacco Tax and Trade Bureau (TTB) permits, estimated that 1,940 breweries will open in the U.S. over the next two years. According to Watson, when factoring in brewery closures, the number of total breweries in the U.S. over the next two years could reach around 9,200.

Check out our Podcast with Bart Watson on Episode # 41 - Here is link:

https://www.iheart.com/podcast/966-craft-beer-storm-29999356/episode/episode-41-what-kind-30904715/

Narragansett Acquires 18,000 Sq. Ft. Brewery in Rhode Island

Narragansett Beer officially acquired an 18,000 sq. ft. building in Providence, Rhode Island, which will serve as the company’s new headquarters. Narragansett plans to add an indoor taproom, outdoor beer garden and special event space to the facility, which is slated to open in spring 2020.

Narragansett president Mark Hellendrung told Brewbound that he expects the first phase of the project to cost $6 million. The company will also own the building.

In a press release, Hellendrung called the brewery acquisition a “homecoming” for him and “a new chapter” for the brand.

“To have a brewery right at the top of Narragansett Bay, that’s easy to get to in Providence, and is connected to the picturesque India Point Park and the East Bay bike path is really a dream come true,” he said.

Narragansett will continue to produce its higher volume offerings at FIFCO USA and Isle Brewers Guild in Pawtucket, while producing small-batch and innovation beers on a 15- or 20- barrel brewhouse in Providence, where the company also plans to install a canning line.

Anheuser-Busch Donates Canned Water to Hurricane Dorian Relief Effort

Anheuser-Busch, answering the American Red Cross’ request for aide, donated more than 100,000 cans of water to Florida residents in advance of Hurricane Dorian, according to Florida Politics. The water was delivered to A-B’s Jacksonville brewery from its production facility in Carterville, Georgia. Southern Eagle Distributing, Gold Coast Eagle Distributing and Bernie Little Distributors distributed the water.

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