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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.

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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In Vino Veritas

Quinta das Amoras, Vinho Tinto 2009
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Garda Chiaretto Rose
Columbia Crest, Two Vines Vineyard 10 White
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McKinley Springs, Bombing Range Red 2008
Trader Joe's Pinot Gris 2009
Montes Alpha, Cabernet 2007
Gran Sasso, Sangiovese, Terre di Chieti 2009
Garda, Classico Chiaretto Rose
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La Granja 360, Syrah 2009
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Lange, Pinot Gris 2009
Columbia Crest, Horse Heaven Hills Cabernet 2008
Kirkland, Pinot Grigio 2010
Trader Joe's Coastal Syrah 2009
Columbia Crest, Horse Heaven Hills Merlot 2008
Trader Joe's Coastal Chardonnay 2009
Vieux Papes Red
Domaine de l'Aujardiere, Chardonnay 2009
Santa Rita, Cabernet, Medalla Real 2007
Penfold's, Koonunga Hill Shiraz Cabernet 2008
Guild, Red, Lot #02 2008
Dievole, Dievolino Sangiovese 2008
Laforet, Burgogne Chardonnay 2009
Columbia Winery, Merlot 2007
Bonterra, Cabernet 2008
Elk Cove, Pinot Gris 2009
Maquis Lien 2006
Scott Paul, Pinot Noir, Le Paulee 2007
Cameron, Chardonnay
B.R. Cohn, Cabernet, Silver Label 2006
Graffigna, Cabernet 2005
Palo Alto, Reserve Red 2008
Menguante, Garnacha 2008
Lange, Pinot Gris 2009
Felsina Berardenga, Vin Santo 1997
Anne Amie, Pinot Gris 2009
McKinley Springs, Bombing Ramge Red 2007
Vieux Papes Red
Dionysius Chardonnay 2009
Haden Fig, Pinot Noir 2009
Vega Montan, Mencia 2008
Chateau la Vernede, Coteaux du Languedoc 2007
Mount Defiance, Hellfire (White) 2008
Root: 1, Cabernet 2008
Columbia Crest, Two Vines Pinot Grigio 2009
Columbia Crest, Two Vines, Vineyard 10 White, 2008
Columbia Crest, Two Vines, Vineyard 10 Rose, 2007
Abacela, Grenache Rose 2009
Avia Cabernet 2004
Lemelson Pinot Noir, Thea's Selection 2007
Chateau de la Roulerie, Rose d'Anjou 2009
Casal Garcia, Vinho Verde Rose
La Ferme Julien, Rose 2008
Cana's Feast, Bricco Red, 2006
Hogue, Genesis Merlot, 2008
Owen Roe, Sharecropper's Cabernet, 2008
Kim Crawford, Unoaked Chardonnay 2008
J. Scott, Pinot Noir 2008
Edmunds St. John, White, Heart of Gold 2008
Columbia Crest, Walter Clore Private Reserve 2006
Stevenot, Cabernet, Sierra Foothills, "Stanford" 2000
Portuga, Vinho Rose 2009
Taylor Fladgate, First Estate Reserve Porto
Franciscan, Cabernet, Napa 2006
Chaparral de Vega Sindoa, Garnacha 2008
Quinta da Aveleda, Vinho Verde 2008
St. Francis, Chardonnay Sonoma 2008
E. Guigal, Cotes du Rhone Blanc, 2007
Edmunds St. John, Bone-Jolly, Gamay Noir 2008
St. Innocent, Pinot Noir 2006
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Chateau Ste. Michelle, Merlot, Indian Wells 2007
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Edmunds St. John, Bone-Jolly, Gamay Rosé 2009
Cameron, Willamette Valley Chardonnay
Il Valore, Sangiovese, Giovane, Puglia 2008
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Cantina Zaccagnini, Montepulciano d'Abruzzo 2006
Domaine Matrot, Chardonnay, Bourgogne 2007
David Hill, Oregon Sparkling Wine, Brut
Chandler Reach, Monte Regalo 2006
Elk Cove, Pinot Gris 2008
Kirkland, Columbia Valley Merlot 2008
D'Aragon, Old Vine Garnacha 2008
Columbia Crest, Walter Clore Private Reserve 2005
Pavin & Riley, Merlot 2006
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Castle Rock, Paso Robles Cabernet 2006
Magnificent, Cabernet, Steak House 2008
Conundrum 2008
Beaulieu, Cabernet, Rutherford 1998
Saint Cosme, Cotes-du-Rhone 2007
La Granja, Tempranillo 360, 2008
Santa Rita, Mendalla Real Cabernet 2006
Columbia Crest, Grand Estates Merlot 2006
Andezon, Cotes-du-Rhone 2007
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Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
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Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
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Road Work

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