Portlandās Shipyard Brewing is being sued by Connecticutās Stony Creek brewing over a claim of trademark infringement.
The complaint, filed in Connecticutās U.S. District Court, says Peak Organicās Ripe ā a double IPA brewed and canned at Shipyardās Portland facility ā has a name that is too similar to Stony Creekās Ripe ānā Cranky. Ripe ānā Cranky is a brand name used for three IPAs that are infused with different fruit juices. Peak Organicās newest IPA, Ripe, is āconfusingly similarā to Ripe ānā Cranky, the lawsuit says, because of the name and the description involving fruit.
Peak describes Ripe as a ājuicy double IPA that is absolutely dripping with fresh-cut fruit,ā the lawsuit says. āPeak further describes this new offer as ābold and tropical in flavor.ā ā
Lawsuits over beer names are becoming more common, said Brendan Palfreyman, a Syracuse, New York, trademark lawyer in the Harris Beach law firm who is not involved in the lawsuit. Palfreyman said there are two or three lawsuits over beer names a month, and the U.S. Patent and Trademark Office is rejecting more proposed beer names because of trademark issues.
Palfreyman said the lawsuit will likely boil down to Stony Creekās use of the word āripeā in Ripe ānā Cranky.
āIn trademark law, oftentimes the first word in a mark is considered dominant,ā he said. āPeak Organic will focus on the term cranky because it is completely dissimilar as compared to Stony Creekās mark.ā
Palfreyman added that Peak Organic might also argue that āripeā was used by Stony Creek as a general beer term, and thus is fair game for use in a name.
This is the second trademark lawsuit involving Shipyard in the past year. Shipyard filed a lawsuit last June against Missouriās Logboat Brewing, which brews Shiphead. That suit has mediation pending later this month.
Shipyard and Peak Organic have until Jan. 5 to file a response disputing Stony Creekās claims.
James Patrick can be contacted at 791-6382 or at:
jpatrick@presherald.com
Twitter: @mesofunblog
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