We’ve really seen all kinds of trademark battles in craft beer. From tough to call logo differences, to an energy drink company defending their rights to all bovine-named drinks, to the musical group LMFAO getting mad that a brewery used ‘LMFAO’ in its stout name (which we dubbed the dumbest of all time). And each time, we try to emphasize the gray areas and understand both sides. But this time? I mean, come on. Look at that Keystone can.
If you missed it, Stone Brewing is officially suing MillerCoors for its use of “Stone” in its packaging and marketing of Keystone Light. First off: Wow, Keystone Light still exists? Second: Seeing a beer can that flat out says “Stone” so boldly on it — and which is emphasized as the main word in its marketing materials (more on that below), might confuse a reasonable consumer considering another large brewery in the market is named Stone and owns the trademark to it (also below). Anyway, no need to hear more from us on this. First, we present the video of Stone co-founder Greg Koch. He goes into more details on the full marketing campaign that Keystone has launched that led to this bold move. After that, instead of bumbling over the filing ourselves, we pulled in some great insight from a Twitter thread posted by Brendan Palfreyman, a craft beer attorney you can find at trademarkyourbeer.com.
“Our message to you MillerCoors is very simple. You can end all this right here and now by one simple move that reinforces your brand that you built. Put the “key” back in Keystone. Stop using Stone as a stand-alone word, because when it comes to a stand-alone word in the world of beer, it’s ours. We believe we are in the right, and so we are going to do what we feel we have to do. We appreciate your support.”
THREAD: @StoneBrewing sues @MillerCoors for trademark infringement over STONE (Keystone) LIGHT beer: https://t.co/GpQDjJY7N7
— BrendanPalfreymanEsq (@B_Palfreyman) February 12, 2018
Stone Brewing not pulling punches, references @MillerCoors‘s acquisition of @saintarcherbrew (and thus all ABInbev MC aquisitions) and states that they drop prices and ramp up production, presumably to stifle craft competition pic.twitter.com/JKNdLbAvLW
— BrendanPalfreymanEsq (@B_Palfreyman) February 12, 2018
Per @StoneBrewing, @MillerCoors‘s social media posts since the refresh of the Keystone branding have placed Keystone cans strategically so that they only say STONE. At least partially true in the image on the right below pic.twitter.com/rZtwoROzDn
— BrendanPalfreymanEsq (@B_Palfreyman) February 12, 2018
Some examples from the complaint of @MillerCoors using the word STONE by itself, including the manner in which 30 packs create a “wall of STONE” pic.twitter.com/j3xn7A9js5
— BrendanPalfreymanEsq (@B_Palfreyman) February 12, 2018
And here, @StoneBrewing gives examples from Keystone Light @facebook and @instagram feeds where they use just ‘Stone pic.twitter.com/9e6M9E8d7I
— BrendanPalfreymanEsq (@B_Palfreyman) February 12, 2018
Stone then argues that @MillerCoors attempted to register the trademark STONES in 2007 but that the application was denied based on @StoneBrewing‘s registration. The picture on the right is from that denial, noting the similarity between STONE and STONES pic.twitter.com/ISQ8pqWetO
— BrendanPalfreymanEsq (@B_Palfreyman) February 12, 2018
In another shot across the bow, @StoneBrewing states its concern that a customer asking for a “tasty STONE brew” would just as likely to receive Keystone’s “watered-down imitation of beer” instead pic.twitter.com/dT6f7WFlj2
— BrendanPalfreymanEsq (@B_Palfreyman) February 12, 2018
This particular ad campaign – HUNT THE STONE – is not a good look for MC. Uses the word STONE by itself, which is identical to @StoneBrewing‘s trademark registration h/t @MikeLovesBeer pic.twitter.com/1emi10Kt0F
— BrendanPalfreymanEsq (@B_Palfreyman) February 12, 2018
Alexa here is the video if you wanna watch!
Wow. Unbelievable.
so now Coors jumps into the fray….
That picture is misleading, it says key right above it in the same font and size. They really don’t have a case here even if it looks like it. Stone is going to lose a lot of money if they go through with the suit.
Agreed that that angle is misleading — but you’ll notice that is the angle the company is using in its promotional material, plus an emphasis on the word ‘Stone’ in its marketing without the can included. There is a lot more to it than just the fonts on the can.
Not going to disagree with that at all, but MillerCoors has a team of lawyers that have already looked it over before they used it, this is a no win for Stone.
Not sure what MillerCoors response is going to be, but the fact that MillerCoors attempt at registering STONES was rejected over STONE is powerful evidence of both infringement and willful infringement.
Jason Hands
wow! Brand Pirates!