Moosehead trademark battles brewing
‘ There’s nothing a small guy can do about it’
Growing up in rural Quebec, moose hunting was big in Dale Patterson’s family.
So when it came time for him to choose a name for his new brewpub in Rutland, Vt., he settled on what else? Hop ’n Moose.
“It represents something significant about where I’m from,” the former University of Vermont hockey player said Friday.
And it is why — at least for now — he has decided to resist changing the company’s name, despite receiving a cease-and-desist order a few months ago from Canadian company Moosehead Breweries Ltd.
Over t he l ast s everal months, the Saint John, N.B.- based company, known for its shaggy- moose labels, has sent out letters alleging t rademark i nfringement against several small- town breweries and brewpubs across the United States.
But after talking to attorneys, Patterson says he thinks he’s in the clear.
“We don’t feel there’s an issue of confusion between our brewpub and Moosehead,” Patterson said.
“I spent my whole life laughing at U. S. litigation and lawsuits. Here I am being sued by a Canadian company,” he added.
Others, however, are not taking their chances, saying they have no realistic way of winning a “David and Goliath” courtroom fight. They point to Adirondack Pub and Brewery of Lake George, N.Y., which earlier this year tried to convince a jury it should be allowed to continue selling its Moose Wizz root beer — but lost.
“You j ust can’ t afford to fight,” said Scott Falke, owner of Ninja Moose Brewery in Hamilton, Mo. “If you have the money, you can slowly bleed people.”
Falke, a U. S. army vet- eran, said he once mistook Nina Moose Lake on a map for Ninja Moose Lake. It became a running gag in the family and was the obvious choice for what to name his brewery. His aunt designed the logo — a snarling moose with angry eyes.
But by the end of January, it’ ll be completely rebranded under a new name that touches on the area’s history.
“We’re in a small sleepy town in Missouri. We’re not going to go on a vengeance and unleash the hounds. It’s the way the system works. … There’s nothing a small guy can do about it. Sad, but true.”
Oliver Le vick, a coowner at Moose lick Brewing in Troy, N. H ., whose line of beers includes an “Atmoosphere” double IPA and “Java Moose” stout, said he and his partners are similarly trying to come up with a new brand after being formally contacted by Moosehead in October.
But they can’t seem to find anything that matches the playfulness of Mooselick. (Their company logo features a moose with its tongue sticking out).
It’s frustrating, he said, because moose are “cool, mystical” creatures commonly found in New England — they’re even on New Hampshire vanity plates.
“I wasn’t aware a trademark could be so broad, that you could trademark an animal in general,” Levick said.
“We’ve learned a lot. … Do your due diligence and research.”
Moosehead representatives did not immediately return a request for comment on Friday.