In one of the most embarrassing craft beer related lawsuits since the Vermonster debacle, our friends down at Bear Republic Brewery have filed a trademark infringement order against Central City Brewing, who are located here in British Columbia. Before getting into my dissection of this lawsuit I do wish to fully disclose that I know the people behind Central City Brewing, and am a fan of their beers. For a detailed breakdown of the lawsuit you can download the filed document here.
Above is a picture of both trademarkst. It’s true that arguments about both fonts and naming can be made. However, when using standard fonts found on almost any computer you can easily make the counter argument of coincidence. As for the names, it’s a stretch to assume Red Racer and Racer 5 have any significant relationship when compared to most craft beers. The sheer number of breweries using colors as denominators for their products is daunting, and the term Racer is vague; so much so one could argue AlesSmith’s Speedway Stout could also fall into this lawsuit if that were the case. Aside from this there is the blatant copyright infringement Bear Republic has done on their own part, creating a brand based off of the Speed Racer cartoon and its ever so famous car the Mach 5.
In the end, no matter how you feel about the lawsuit, I think we can all agree no good is going to come out of this. Until now, the craft beer community has been known to work together for the greater good. Companies like Avery Brewing and Russian River have figured out collaboration not litigation is the answer to a situation like this. I too believe the best thing these two breweries can do is work together to develop a collaboration ale. Ideally this would be released by both breweries, one in cans and the other in bottles. If you agree with me, please, email both companies and suggest this solution. We can not become a craft community divided if we are to survive.
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Let’s not forget Bear Republic ‘Racer X’ Double IPA. I guess they like infringing copyrights and the intellectual property of seminal Japanese Animation pioneers! Not only that, there was a hard rock band from LA in the 80’s/90’s called Racer X. Maybe Paul Gilbert (of Mr. Big fame), guitarist for Racer X can sue Bear Republic…
Posted by AndyTheBeerman on February 9th, 2010.
I too applaud the creative efforts of brewers like Avery and Russian River in avoiding lawyers, wasted dollars, and pubic debacles.
I wonder what font they did use? Regardless, it does irk me that Bear Republic is acting so, and will affect my purchasing choice in the future.
On a side note, I have yet to try any Red Racer product as it’s not in this area.
Posted by nate on February 9th, 2010.
I do not understand what Bear Republic thinks they will gain from this. I too know the people of Central City and am quite confident they did not intend to profit or gain any advantage by branding their beer Red Racer. Central City produce some of the finest products in the Vancouver area and it is a treat to taste each and every one of their offerings no matter what they are called.
I may be mistaken, but the two products are not available in the same markets and are never likely will be so what is the point of this lawsuit. I doubt the majority of people in the Vancouver area have even heard of Bear Republic.
Posted by Wanderingpaddy on February 9th, 2010.
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This post was mentioned on Twitter by AndyTheBeerman: RT @cbjerrisgaard: Bear Republic and Central City Brewing are squaring off over trademarks, completely missing the point in the process – http://bit.ly/aZrv34...
Posted by uberVU - social comments on February 9th, 2010.
Actually, Wanderingpaddy, Central City and Bear Republic are available in the same markets. In fact, you can find them together in Central City’s very own liquor store!
Having gotten into the “Beer Advocate” list of top 10 IPAs, Red Racer is now also getting distribution in the US. This whole issue started because of an incident at a tasting in Massachusetts where some people did mix up the two. However, I don’t believe the argument being made by Bear Republic washes. Also, kudos to cbjerrisgaard and AndyTheBeerman for pointing out Bear Republic’s dubious branding.
Posted by BC Brews on February 9th, 2010.
Effing California. Always screwing things up for everyone else. This wouldn’t happen in Wisconsin.
http://www.thebeerspot.com
Posted by Mr Furley on February 9th, 2010.
Looking forward to the collaboration between these two fine brewers. Won’t that be a cracking good beer!
Posted by dean on February 9th, 2010.
Man! Why, why, why? I guess we don’t have to worry about Inbev or another group devouring the craft brew world, it’s seems they are content to do it themselves. When Nate and I open shop I just don’t see us doing any of this stuff. It’s bad publicity and ridiculous all around.
Posted by Michael Reinhardt on February 9th, 2010.
@dean – I hope it gets to that point and they can work together. I know Gary at CC would be open to the idea.
To everyone else who has commented so far – thanks! It’s a shame I even had to write about something like this.
Posted by cbjerrisgaard on February 9th, 2010.
Jeez crazy…
Posted by Brad Chmielewski on February 10th, 2010.
Like several of you know, Bear Republic ripped off the Japanese Animation Racer 5! I can’t stand companies trying to unethically make a quick dollar on another thriving business like Bear Republic is doing so to Central City Brewing Company! The average taste of Bear Republic’s beer has recently become sour to me now due to this. I will not support a brewery acting this way!
Anyways, my 2 cents worth. Good Luck Central City Brewing Company!
-SM
Posted by Seamus Murphy on February 10th, 2010.
[...] oddly there are Hoptical Illusions south and, later, north. And, now, we even are claimed to have taken the "R" from Racer 5 and stuck it on a line called Red [...]
Posted by A Good Beer Blog: Ohio: Edmund Fitzgerald Porter, Great Lakes, Cleveland - Beverage News and Reviews on February 11th, 2010.
[...] City is facing legals woes by Bear Republic Brewing over their Red Racer brand. truecask.com has a write up I wholly agree [...]
Posted by Back From Alberta and Other Things « BC Beers on February 14th, 2010.
[...] I thought I’d do one of my favourite beers from BC because some American brewery is being a dick and filed a lawsuit against them in the commonwealth of [...]
Posted by BC Beer – Red Racer IPA « BC Beers on March 6th, 2010.
[...] Overall: Truthfully, the beer was better than I expected. It’s still not something I’d go after on a normal basis, but I enjoyed it as an occasional sipper. Personally, a bit more mouth-feel and residual sweetness would benefit this beer. This is, of course, a common criticism I have of U.S. IPAs. That being said, I would recommend that those of you who like IPAs (not that I don’t) to try this one…if they don’t sue you for drinking it. [...]
Posted by Gamble with us Saturday: Hop Rod by Bear Republic | Thank Heaven for Beer on March 10th, 2010.
That’s too bad and sad to see – I don’t see how anyone would be confused by the two beers in any way.
Posted by Scott-TheBrewClub on March 10th, 2010.
Great post. Unlike the Vermonster this one has gone largely unnoticed. I too agree that they should collaborate. Maybe the could call their brew Red Racer 5 or collaboration racer rocket or something else hokey and less douchey than a law suit.
Posted by Don on March 11th, 2010.
Like several of you know, Bear Republic ripped off the Japanese Animation Racer 5! I can’t stand companies trying to unethically make a quick dollar on another thriving business like Bear Republic is doing so to Central City Brewing Company! The average taste of Bear Republic’s beer has recently become sour to me now due to this. I will not support a brewery acting this way!
Anyways, my 2 cents worth. Good Luck Central City Brewing Company!
-SM
Posted by Michelle on April 19th, 2010.
Like several of you know, Bear Republic ripped off the Japanese Animation Racer 5! I can’t stand companies trying to unethically make a quick dollar on another thriving business like Bear Republic is doing so to Central City Brewing Company! The average taste of Bear Republic’s beer has recently become sour to me now due to this. I will not support a brewery acting this way!
Anyways, my 2 cents worth. Good Luck Central City Brewing Company!
-SM
Posted by Martin on April 24th, 2010.
[...] oddly there are Hoptical Illusions south and, later, north. And, now, we even are claimed to have taken the “R” from Racer 5 and stuck it on a line called Red [...]
Posted by Rick on April 24th, 2010.
That’s too bad and sad to see – I don’t see how anyone would be confused by the two beers in any way.
Posted by Patrick on April 24th, 2010.
Jeez crazy…
Posted by Brad on April 24th, 2010.
[...] Overall: Truthfully, the beer was better than I expected. It’s still not something I’d go after on a normal basis, but I enjoyed it as an occasional sipper. Personally, a bit more mouth-feel and residual sweetness would benefit this beer. This is, of course, a common criticism I have of U.S. IPAs. That being said, I would recommend that those of you who like IPAs (not that I don’t) to try this one…if they don’t sue you for drinking it. [...]
Posted by Steve on April 25th, 2010.
Jeez crazy…
Posted by Dave on April 25th, 2010.
Like several of you know, Bear Republic ripped off the Japanese Animation Racer 5! I can’t stand companies trying to unethically make a quick dollar on another thriving business like Bear Republic is doing so to Central City Brewing Company! The average taste of Bear Republic’s beer has recently become sour to me now due to this. I will not support a brewery acting this way!
Anyways, my 2 cents worth. Good Luck Central City Brewing Company!
-SM
Posted by Julie on April 25th, 2010.
That’s too bad and sad to see – I don’t see how anyone would be confused by the two beers in any way.
Posted by Sean on April 26th, 2010.