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This page contains a single entry from the blog posted on October 23, 2007 4:18 PM. The previous post in this blog was Mark your calendar. The next post in this blog is Grieved at their hardness of heart. Many more can be found on the main index page or by looking through the archives.

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Tuesday, October 23, 2007

Mark & Dave are still getting pounded

Over this.

I know one beer that I won't be drinking, ever again -- Samuel Adams!

UPDATE, 6:10 p.m.: Here's an interesting post that suggests that the folks at the brewing company, and not Mark and Dave, are actually violating the law.

Posted at 4:18 PM | Bookmark and Share

Comments (18)

I haven't been this proud of the lads since they came up with that car seats-for-dogs concept.

It will be a disappointment if their employer caves in on this.

This is really disappointing, since Samuel Adams (the brewery) recently came out with a nice dark lager at a decent price. Now I have to boycott it, even though I'm not enthralled by the Sam Adams (the politician) machine.

Haven't been in a Starbucks since they went after that little coffee house in Astoria nor bought any Tillamook Cheese since they laid claim to the name of that coastal county and sued Tillamook Country Beef.

I would love to see a list of such inane trademark suits from regional and national corporations. Probably make me swear off almost everything.

Now there's an idea for a website: ipjerks.com. ("IP" meaning intellectual property.)

Jack any chance of a digg button
no more sam for me

Of course, the reality no doubt is simply that the company's lawyers send these out to anyone or anything that makes use of the name "Sam Adams" without bothering to ask and/or notice what it's for.

Domain name in particular are the sorts of things that IP lawyers just get regular notifications of registrations for. And the legal machinery just starts moving.

Next to no chance anyone outside the IP division of their legal team ever even heard of this. Although I imagine they've heard by now, or will shortly, and it will all be dropped.

That is not what I'm hearing. Sam Adams is apparently playing serious hardball.

I don't know if I'd go so far as Isaac (in your link), but I'd happily assert that whoever wrote the letter should be subject to sanction for making a frivolous legal claim. There are multiple viable defenses I can think of for Sam and I haven't even bothered to open the relevant statute.
Eek. No more Sam Adams the Beer for me.

Did anyone in this town here Mark and Dave interview me on this subject yesterday?

The beer folks don't have a leg to stand on in this matter.

Yours truly,

Local trademark lawyer, adjunct prof at L&C Law School (where I teach a TM class), never met Jack B, etc.

Jack, thanks for the link. My theory is a little tongue-in-cheek (as Jud perhaps implies), but I do agree with Mike that Sam Adams the brewer loses this one to Sam Adams the candidate.

Whoa, a lawyer with a bad typo problem. I meant to ask, did anyone in this town "hear" me . . . not "here" me

That's a bad one.

Also on second thought, I should have said that the Sam Adams beer folks don't have a "keg" to stand on (not a "leg")!

Actually, maybe it's time to consider electing a bottle of beer for mayor -- less taxing, more relaxing.

If nominatied, it would not be open.
If elected, it would not be drunk.

'-tied' in typos, I s'pose. Mercury's retrograde.

Grant it, while Samual Adams Brewery probably should have bought up all domain names associated with their product, I'm sure they never thought that anyone with that same name would have been dumb enough to use them, as Samual Adams beer is so popular, not only in America, but around the world. At the risk of bruising the would-be mayor's ego, when hearing the name "Samual (or Sam) Adams", people think of the award winning brew and their informational commercials, not some politician from the Pacific Northwest.

I have no intention of boycotting Samual Adams beer, as I've been a loyal customer of theirs for decades and will continue to do so.

Of course, and not surprisingly, using the time, effort and money fighting something so ridiculous and without a doubt, a losing cause, (and he will most assuredly lose), that same time, effort and money could be better spent on something, like, oh I don't know, coming up with solutions to reverse the skyrocketing $750 million dollar deficit that Oregon currently is under. You know, something IMPORTANT?

But as usual, this is just another glaring example of how the collective stupidity of the knee-jerk, liberal, Democrat Party is surpassed ONLY by their mind numbing intellectual dishonesty.

This kind of imbecilic thinking is exactly why I left not only The People's Republik of Portland, but the Motherland of Oregon as well.

Oh, I almost forgot.

I sent a letter to Samual Adams Brewing letting them know what certain people here in the People's Republik of Portland think about their claim, how a boycott is being called for, as well as to let them know that this needs to be fought extremely hard and would-be mayor Sam Adams' frivolous claim destroyed, just for for the principle, if nothing else.

Knowing full well that I am only one of millions of loyal customers, I'm sure that my letter won't be the battle cry of the brewery, but I would hope that they take notice of how disrespectful this is against a complany that has every right to their name, and acts accordingly.

When would-be mayor Sam Adams loses this case, I for one will be toasting his complete and utter destruction with icy cold glasses of several of their award winning brews, while you all drown your sorrows with a lukewarm cup of Henry Weinhard's, the swill that was once upon a time, a really great brew.

Cheers!!

And I appologise for the typo of Samuel Adams.

It's late and I'm tired and should be doing something far more constructive such as sleeping, instead of posting my comments here.

My appologies...

Thirteenburn, let me get this straight: it's okay for you to waste a good chunk of time writing paeans to your watery-beer-serving corporate overlords, but it's a travesty of earth-shaking proportions when a person named Sam Adams spends his time defending the use of his given name? Huh, okay.

I think the real reason you left Oregon was that you couldn't stand the taste of real beer.

-
'Turdteenburp' is LIARS Larson in disguise.

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Dom Martinho, Tinto 2005
Chateau St. Jean, Cabernet, California 2007
Kirkland, Napa Cabernet 2007
Revelry, The Reveler, 2007
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Woodward Canyon, Columbia Valley Red
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Lezaun, Rosado, Navarra
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Raptor Ridge, Pinot Gris 2008
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Inama, Soave Classico 2007
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Portuga, Rose 2008
Warre's Warrior Port
Lange, Pinot Noir 2007
Chateau Guiraud, Le G, 2007
Falset, Garnacha Rose, Montsant 2006
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Domaine Chandon, Pinot Noir, La Riviere Sonoma 2006
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B.R. Cohn, Silver Label Cabernet 2006
Casillero del Diablo, Cabernet 2007
Gentil Hugel, Alsace 2006
Mesoneros de Castilla, Ribero del Duero, Rosado 2008
Cor, Momentum 2007
Santa Margherita, Pinot Grigio 2006
Rubico, Lacrima di Morro d'Alba 2007
Gilstrap Brothers, Reserve Merlot 2003
Conundrum 2007
Chandler Reach, 36 Red
Santa Rita, Reserve Cabernet 2005
Marietta, Old Vine Red Lot 47
L'Ecole No. 41, Recess Red 2006
Dom Martinho, Red 2004
Beaulieu, Georges Latour 1994
Caymus, Cabernet 1995
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Bergevin Lane, Columbia Valley Cabernet 2005
Savigny-les-Beaune, Les Lavieres 2003
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Gloria, Douro, Tinto 2002
Bogle, Petite Sirah Port, Clarksburg 2005
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Portuga, Vinho Branco 2006, 2007
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Protocolo, Red 2005
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