AB/InBev, Jealous Protectors Of Trademark, Pretty Blatantly Committing Trademark Infringement
Andrei Mincov's commentary on the original article
The one thing I'm not clear on is the relevance of the alleged fact that AB "sat on the trademark" for 6 years. Patagonia, the apparel brand, is indeed well-known since the 1960s. AB is setting up pop-up stores in locations where the relevant audience knows of Patagonia, the apparel brand. The logos carry some similarity. So what difference does it make if AB didn't immediately start selling their beer on a massive scale back in 2012? If they did, would it be less of an infringement? The only reason it's part of the story is that in Patagonia's attorneys' mind, this paints AB in a darker light, makes them just that much more of a villain. This is a strategy that can easily backfire. Desperation is never a good thing in legal proceedings. But neither is building a mental association between two identical brands in two separate industries by aligning the two together in the minds of potential customers. We'll see where this goes.