Today’s post is short but sweet, and sort of a forehead-slapper. It’s been reported on elsewhere, including by our TM comrade Kenan Farrell, that an Oregon brewery (Full Sail) just sued an Atlanta-based DUI law firm. The claim? Well, trademark infringement. The complaint is on Kenan’s blog for you to read (great resource on Oregon TM law, by the way). The short of it is that the DUI firm had some cute beer coozies with logos made up for the firm that are eerily similar to one of the brewery’s beer logos. In our view, there’s pretty much no way the firm made its own logo without referencing the beer, but we’ll give them the benefit of the doubt because, well, why not? We’ll also note that, to cover bases, copyright infringement seems like another claim to have thrown in there (Visit here and here for some of our past posts on copyright v. trademark). Maybe the brewery didn’t want to fight any fair use fight, adding extra time and argument to the litigation. Still, sheesh, this one’s rough.
Takeaways? We love a good takeaway. For us, we’ll share this one. A lot of folks have been chiding the DUI lawyer for not knowing IP law. Maybe that’s the case, but maybe it’s not as bad as that. Here’s why. A lot of us aren’t as artistically inclined Adobe wizards as trained graphic designers, so we reach out to designers for help. Here, it’s totally possible the lawyer had never seen the beer logo before, but asked his designer to make his logo look like a beer label to be clever. The designer might have taken leeway from there, remembering the beer name that’s like the firm name, and running with the idea. Sure, maybe that didn’t happen here, but that sort of thing can absolutely happen to others, and it does. Having a solid agreement in place with your creative team of choice—and, if that’s in-house, making sure you know where your artist is drawing inspiration—can go a long way toward avoiding snafus or protecting you in the event one comes up. As Kenan F. predicts, and we totally agree, this one is likely to settle out and disappear from the docket pretty quickly. Still, too bad.