Ska Brewing & DuClaw Bang Heads Over Euphoria / EuForia Name
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MyBeer Buzz
Yup….more naming conflicts in the beer world. I suspect this will be a positive sign for trademark attorneys looking to put their kids through college. Details from Westword:
Ska Brewing has been making its Euphoria Pale Ale since 2005, but the latest trademark dispute involving a Colorado brewery isn’t likely to make anyone euphoric.
On Tuesday, the Durango brewery filed a petition at the U.S. Patent and Trademark Office, asking the agency’s trial and appeal board to revoke Maryland-based DuClaw Brewing’s rights to the names Euphoria and Euforia on beers.
DuClaw, which makes Euforia Toffee Nut Brown Ale, acquired the rights to Euphoria in 2009 and was granted the same for Euforia in 2012. In its petition, Ska says it should have "common law" rights to the name, though, since it was already making and marketing its Euphoria several years earlier.
"[Ska Brewing] is the owner of valid and enforceable common law rights in the mark Euphoria. Since at least as early as November 14, 2005, [Ska] has used the mark Euphoria in commerce in connection with beer and ale," the brewery’s attorney, Jennifer Collins of the Ollila Law Group, wrote. "…[Ska] has invested a great deal of time and money in promoting" Euphoria "and is continuing to spend substantial amounts of time and money in the promotion of the same."
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