Trademark News & Screw-ups Stone Brewing sues MillerCoors, Greg Koch explains

Wow, this can be huge. The interesting thing here is that the standard for trademark infringement is different from the standard for what is trademarkable. In other words, just because the STONE trademark may not, by itself, prevent MillerCoors from registering KEYSTONE as their own trademark, it doesn't mean that a SPECIFIC use of the word KEYSTONE on a can and packaging would not be found infringing. To illustrate, let me use an analogy, a newcomer to an automobile market would probably be able to get a trademark for PLAUDITS. But if they chose to display the first two and the last two letters of the name in a microscopic font, it wouldn't be long until they'd get sued. Same thing here. Just because KEYSTONE as a word might not infringe on STONE, using a font that, when looking at a can, only shows STONE, gives the craft brewery a serious argument. I would not be surprise if at some point, the parties end up settling with MillerCoors agreeing to pay something out and change the design of future runs.

The video below features Andrei Mincov's commentary of this article.



Pick from the topics below or use our search system.

And make sure you subscribe to our YouTube channel for more free educational content.

Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.