The below article was featured September 7, 2010 online at the San Diego Daily Transcript, originating from Bloomberg News.
Port Brewing sues Moylan's Brewing for trademark infringement
By Bloomberg News
Tuesday, September 7, 2010
Port Brewing LLC, a San Marcos-based brewery, sued a Northern California brewhouse for trademark infringement.
Port Brewing grew out of a pizza parlor in 1992 and now makes at least 14 different brews, including "Santa's Little Helper," "Old Viscosity," "Shark Attack," and "Wipeout."
The company uses stylized Celtic cross images for its brew taps and has filed applications with the U.S. Patent and Trademark Office to register them, the company said in the complaint it filed Sept. 2 in federal court in San Diego.
After a news story filmed at Moylan's Brewery and Restaurant in Novato, Calif., was aired, Port Brewing saw "multiple confusingly similar stylized cross beer taps visibly featured in the background." The San Marcos brew company said the news story aired in San Diego as well as in Northern California.
Moylan's beer taps contain marks that so strongly resemble Port Brewing's that consumers are likely to be confused, the company claims. Continued use of these marks "will cause irreparable damage," Port Brewing claims.
It asked the court to order Moylan's to quit using any marks that are confusingly similar to Port Brewing's, and the destruction of all infringing articles in Moylan's possession. Additionally, it seeks awards of money damages, profits attributable to the alleged infringement, and litigation costs.
Port Brewing is represented by Richardson C. Griswold of Griswold Law of Solana Beach, California.
The case is Port Brewing LLC v. Moylan's Brewing Co., 3:19- cv-01826-IEG-NLS, U.S. District Court, Southern District of California (San Diego).
For more information about Richardson "Red" Griswold of Griswold Law, please contact us at (858) 481-1300 or rgriswold@griswoldlawsandiego.com.
For further reading on this topic, check out the article on trademark law and branding strategies.
