Ska Wins Trademark Dispute With DuClaw Over “Euphoria”

From Boston.com:

Another example was in March 2013 with a messy dispute between Ska Brewing in Colorado and DuClaw Brewing in Maryland, which highlights the necessity of early trademark registration (this is different from merely using it in the marketplace). Ska had apparently been making a pale ale under the name “Euphoria” since ’05, whereas DuClaw claimed use back to ’06 in their trademark application. But after DuClaw applied for a trademark with the USPTO, they sent a cease & desist to Ska. In response, Ska slapped a big ol’ trademark suit on DuClaw, claiming earlier rights — and won. See, when you file a trademark, you’re presumed to have superior rights – and if you’re defending with an unregistered mark, you have to prove those rights. Now Ska holds that registration in beer for “Euphoria,” DuClaw has a dead trademark, and both racked up a pretty penny in expenses.
.