Anchor Steam threatened

The Chronicle did a big article on 9/27/04. Here's the article:

Gee, maybe now the arrogant Fritz will know what it feels like to be beat up by someone with a lot more money than he's got. Maytag's been doing that to other brewers for years.

Better check your own damned facts, pal; there's a lot of talk about Fritz Maytag "beating up" brewers, that he's "trademarked 'steam beer,'" that he's a litigious bully...almost all of which is pure D shit. Put up or shut up, fabricationista.

-- Lew Bryson

Their clothes are weird, their music sucks and they drink malternatives. And now you tell me they probably don't think Sierra Nevada is cool? This is what the passage of years does to you: It makes everyone around you more stupid. -- Michael Stewart 6/24/02

Not that I have a horse in this race, but what *are* the facts about litigation (threatened or otherwise) from Anchor regarding trademark infringements? I recall one pro brewer who used to hang out here who claimed to be on the receiving end of some sort of threat. Do a Google groups search on "Karl Bremer Anchor".

And the facts are that Anchor's trademark is arguably for the label for their steam beer, not for the name. I've had trademark attorneys tell me that this is the sort of mark that is sufficiently vague that it could easily be litigated, and someone wanting to use the name steam beer, but in a different visual presentation, would stand a good chance of prevailing.

But that wouldn't prevent Anchor for trying to assert otherwise and threatening legal action for anyone else who attempts to use the name (which is what any business would do with one of their trademarks - you can actually lose your trademark if the courts find you haven't been diligent in your defense of it). Most breweries aren't exactly swimming in enough cash to pursue defending themselves in a long litigation and test out the theory of my trademark lawyer friends.

You can view Anchor's actual trademark registration here:

And those posts basically follow what I stated above.

-Steve

Steve Jackson ( snipped-for-privacy@cox.net.no.spam) wrote: : : And the facts are that Anchor's trademark is arguably for the label for : their steam beer, not for the name. I've had trademark attorneys tell me : that this is the sort of mark that is sufficiently vague that it could : easily be litigated, and someone wanting to use the name steam beer, but in : a different visual presentation, would stand a good chance of prevailing. :

I find it interesting that the AHA avoided any problems with this by naming a class "California Common" -- said class has become one of the largest in homebrew competitions here on the left coast frequently attracting as many or more entries than IPAs.

OTOH, in the commercial world, this style is pretty much avoided. I checked GABF and WBC results over the years -- looks like Anchor Steam once medaled as a "Continental Amber Lager" (1987) and as a "Vienna" (1992). The latter gives me pause.

'Nuff sedd....

It's the Anchor symbol and "Anchor Steam Beer" logo that are trademarked, and my kid's godfather (the trademark attorney) says that same thing, but...

Exactly. Like Kleenex and Xerox. Even if your litigation seems ridiculous and stretching a point (as when Jim Beam sued to keep Beamish Stout out of the country (and won, for some years, till a beer-loving judge overturned it)), most lawyers will tell you to at least write the cease-and-desist letter to prove that you protected the mark.

Also true. Unfortunately, it's easier to roll over. Case in point: Boston Beer Co. was widely castigated for sueing Boston Beer Works over their name; "You can't trademark 'Boston!'" was the popular cry. Yet just two years later, Boston Beer Works sent a cease-and-desist to Bethlehem Beer Works and intimidated them into changing their name (To Bethlehem Brew Works, and they've done well).

I like Karl Bremer, I do. But once you've got a lot invested in a brand, you're almost bound to do this kind of thing, doesn't matter HOW micro you are. Case in point: I happened to mention to Greg Koch of Stone Brewing that I'd had a beer called Old Howling Bastard from a Long Island brewery. His quick reaction was to ask for contact info so they could initiate action against this brewery's infringement on Arrogant Bastard.

-- Lew Bryson

Author of "New York Breweries" and "Pennsylvania Breweries," 2nd ed., both available at The Hotmail address on this post is for newsgroups only: I don't check it, or respond to it. Spam away.