Mar 24, 2021

Let’s settle this over a nice cold beer

Patagonia Inc is a well-known U.S. clothing company that markets and sells outdoor clothing. Patagonia brought a claim against the multi-national drink and brewing company, AB InBev in 2019 after Patagonia became aware that the brewer had released a new brand of beer which depicted a logo which Patagonia alleges to be similar to its own. AB InBev was the registered owner of the trade mark Patagonia Beer in 2012, however it was only in 2018 that it launched its Patagonia Brewing Company. In its claim, Patagonia alleged AB InBev was taking advantage of its tremendous goodwill and AB InBev’s actions would cause confusion amongst the public between the brands due to the use of a similar mountainous logo.

In addition, Patagonia had also claimed that AB InBev has begun advertising its new brand of beer at certain ski resorts in locations across Colorado. Patagonia claim that Colorado is a strong market for its branded outdoor clothing and so would leave customers confused.

In 2020, the matter was heard at the California District Court where it was found that the logos were sufficiently similar to allow Patagonia’s claim to proceed to trial. However, since then, it appears that the parties have agreed to settle the dispute. On 22 March, both parties consented to the claim being dismissed on the basis that each will bear their own costs.

If you have any questions about trade mark law or any other intellectual property matter, please get in touch with the team at McDaniels Law on 0191 281 4000 or by email to legal@mcdanielslaw.com.

Posted by: Tom Staveley in: EU/International, Trade Marks

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