Jason will be speaking at the Craft Beer Finance and Investment Conference in San Diego. His presentation will highlight the challenges every brewery faces from within: what happens when (not if) disagreements arise between brewer, manager, investor, staff and consumers. Jason will present options for breweries in how they can handle these instances and outline a course of action.He will be available throughout the conference and socializing at nearby craft breweries.
The inspiring story behind an unprecedented beer movement | For The Win
The recipe comes from an influential brewer who has been fighting cancer. Our friend, Paul Ogg, is still fighting against cancer. We'll definitely toast him and his fight this week and the weeks, months and years to come!
Source: The inspiring story behind an unprecedented beer movement | For The Win
Long ride through court for Oasis, Texas Brewing’s trademark... | www.mystatesman.com
An example of an escalated disagreement. “You’ve got to make sure you’re iron-clad so you don’t spend a quarter of a million bucks in legal fees sorting out something that was yours in the first place.” Or, try mediation...
Over and over, the craft beer industry describes itself as a community, an oversized group of like-minded people who prefer to collaborate and cheer each other on rather than openly compete — despite how tough it can be to get shelf space and grow a fan base in an increasingly saturated market.But sometimes, craft brewers do get hostile.
Source: Long ride through court for Oasis, Texas Brewing’s trademark... | www.mystatesman.com
Austin brewer settles trademark dispute with craft beer giant
We are glad to see that after a long battle, a resolution is reached. While the resolution may hint at a winner, both sides went to great lengths and costs that could have been avoided or at least minimized. Time to move on...
Texas accounted for 20.1 million of the 205.4 million barrels of beer shipments nationally, eclipsing Colorado's 3.6 million barrels, said Bart Watson, chief economist with the Brewers Association, a national group that promotes independent breweries. In the U.S., whoever is first to use a product name takes priority over whoever files first for a trademark, which Moon said can generate territorial issues. Since Oasis didn't have a federal trademark, its rights only extend where its market exists: Oasis Texas was able to prove first use of the Slow Ride name, but it was being sold in major metro markets only in Texas. [...] the agreement limits Oasis' sales under the Slow Ride name to within Texas, and if the beer is sold in other states, Oasis must do so under a different name.
Source: Austin brewer settles trademark dispute with craft beer giant
Important aspects of divorce situations
ARTICLE LINK:
5 Insane But True Facts About High Conflict Divorce
Mediation is useful in just about any divorce situation. When emotions run high, and justifiably so, it is vital to manage them without minimizing their importance and meaning. Mediators are there to help acknowledge, understand, express and manage clients' emotions en route to amicable solutions.
Bringing Good Beers & Good People Together...: How Two Women from Fort Collins & Renegade Inspired a Friendship Themed Beer for Collaboration Fest
Individual bonds are still strong in craft brewing. Fort Collins and Renegade!Good to see collaboration, and we can't wait to try it at the fest!
Moosehead Vs. Mus Knuckle: The Most Canadian Trademark Spat Ever | Techdirt
moose knuckle
Source: Moosehead Vs. Mus Knuckle: The Most Canadian Trademark Spat Ever | Techdirt
In a name: Trademark issues lead to local rebranding and angst
Coast River Business Journal Richard Erickson and Larry Cary were forced to change the names of their businesses in the face of lawsuit threats from California breweries.
Source: In a name: Trademark issues lead to local rebranding and angst
Before a lawsuit, try National Craft Brewery Mediation Service
Chances are you didn’t get into commercial brewing for the business aspects of it. You love brewing, but not taxes or (even worse) trademark issues. Even the idea of having ... Read More
Source: Before a lawsuit, try National Craft Brewery Mediation Service
Craft Brewing's Internal Challenges
A recent article stirred the pot a bit in the craft brewing industry. Cheers Magazine interviewed Jon Taffer and asked him several questions about running a bar and/or restaurant business, one requesting his opinion on craft beer in 2016. His response was not all positive and Julia Herz of the Brewers Association disagrees with Mr. Taffer's assessment and prognosis of craft beer. At the crux of this disagreement are the numbers Mr. Taffer uses to amplify his opinion. Ms. Herz concentrates on defending such numbers and her points are sound.
Yet, concentration on such numbers overlooks key points in Mr. Taffer's opinion on craft breweries: "They’re rookie-run. The problem is that people are now looking at craft beer as an investment opportunity. They’re getting into it to make money. Many people don’t get into it for the love of making beer." While the last sentence may be a stretch ("many people..."), he highlights very real issues, that could damage individual breweries and trickle up to the industry as a whole. In short, brewing is a business and business people are not brewers--and vice versa. Doing one incorrectly can be disastrous.This is, in my opinion, the biggest threat to the craft brewing industry. The marriage of brewing art and science with business operations and decisions. Other threats exist, and I will examine them in a short while. Each threat begins as a challenge that goes overlooked, ignored, misunderstood or is poorly managed. Over time, it grows, intensifies and starts taking a toll on the brewery: a missed infection here, a disgruntled customer there, and shipments of material start arriving late thereby pushing back production--the list could be endless. Addressing challenges soon and effectively is one of the most important actions a brewery can take.Ownership FrictionIt is rare that ownership of a brewery rests in the hands of an individual. Whether it’s a family business, one built by friends, or a contract between brewer and investor, disagreements emerge. How these are managed is crucial to not only brewery success, but business survival.It is common in many industries that disagreements exist between production and sales, finance and marketing, or management and staff. Craft brewing is not immune to such tensions, especially when they operate with a small team. Not everybody understands the science and art of brewing. And not everybody understands the intricacies and management of business. It is safe to say that, for the most part, brewers do not understand business, and investors/partners do not understand brewing. To make matters worse, often these misunderstandings are not evident to each party. For example, a brewer may not understand why the partner wants to sell a diacetyl-laced batch, while the partner cannot see reason to dump it.When these two areas combine to form a partnership, a new type of management is needed, or the business can fall apart. This new management requires a different skillset than the brewer and business partner possess. One such incident of disagreement may seem like no big deal. Yet, when another round of disagreement comes up, the two sides intensify their message and perspective. Soon enough the misalignment between interests becomes a tension between people: It gets personal. Positions entrench and communication breaks down just in time to allow another important issue, like staffing, slip between them.Over time, an ostensibly trivial issue becomes germane to other issues that exacerbate tensions and erode the internal function of the brewery. It is imperative to identify disagreements and address them quickly and effectively, which can be tricky. Here are a few tips that must be considered when internal issues are discussed:
- Keep an open mind that you may have a hand in the problem. It may not be you or something you did, but to totally shut out that notion is a critical mistake
- Make a true effort to understand the other side's perspectives
- Do not dismiss the other side's perspective, try to genuinely understand it
- State your interests as basic as you can. Keep asking yourself, "why is this an interest to me?" to get to the root of your concern
- Do the same with the other side; "why is this of interest to you?"…but in a polite, non-accusative nature
- Be open to ideas, no matter how crazy they may seem. Sometimes those "dumb ideas" inspire good ones
- Do not hesitate to ask for outside assistance, like mediation and facilitation. If tensions have grown even somewhat rigid, internal meetings may not be effective, and can even make them worse. A third party can have many functions, such as a sounding board, target, communication liaison, and referee
- Understand that emotions will be prevalent and venting is necessary. Often, an outside dispassionate party can endure the brunt of venting to clear the air and get through to interests
- Be prepared to change. Third party mediators and facilitators look for opportunities for collaboration. While compromise is a lose-lose agreement that may work, collaboration can be a way to change behavior without giving up anything or even adding value to the situations
Guest Post | How to Avoid Costly Trademark Disputes - ShipCompliant | The software leader of the beverage alcohol industry
FacebookTwitterLinkedIn The landscape for craft breweries has drastically changed over the last few years, and while we regularly hear about the overall industry growth, we too often read about the rise of trademark disputes coming with it. This problem is continuing to grow as more and more breweries enter the market and more and more brews …
Why beverage industry lawsuits are increasing | Food Dive
From trademark disputes to making "misleading" claims, beverage industry lawsuits are growing as the market becomes saturated with more players.
Source: Why beverage industry lawsuits are increasing | Food Dive
Legal Experts Weigh In on Craft Trademark Disputes in 2015 | Brewbound.com
What a year for craft litigation. Whether it was an attempt to define “craft beer” or efforts to own IPA, 2015 sure had its fair share of notable legal spats. So what do craft-minded attorneys think about the increasing amount of trademark disputes? Brewbound reached out to four of the industry’s leading experts in trademark and copyright law to get their thoughts on 2015.
Source: Legal Experts Weigh In on Craft Trademark Disputes in 2015 | Brewbound.com
Thirty Amazing Colorado Beers From 2015
Craft Beer and Syrian Refugees
Refugees and Craft Beer
The Brewers Association article on craft brewing’s charitable donations highlights how involved craft breweries are in their communities. They donate money to various charities as well as providing product and space to others. They create and promote fundraising events and raise awareness to many causes. They even raise money to help employees, customers and strangers manage medical expenses and see them through tough times. To many of us beer geeks this is not surprising, but the total amount, $71 Million, is phenomenal and that does not include the time and energy breweries put forth to achieve this number.The article also highlights the potential for what craft breweries can do for their community and beyond, in ways not reflected in dollars. Venues such as craft breweries, tap houses and tap rooms attract people from various and differing backgrounds and opposing perspectives. Yet, they all share a common interest: good beer. This interest can serve as the cornerstone for important, perhaps contentious, dialogue. And through dialogue difficult social, political, religious and community issues can be effectively addressed. It is not easy, but nothing worthwhile is. Such venues can cultivate a spirit of open and honest conversation, and provide a safe and open atmosphere to encourage people to discuss contentious issues without fear of backlash and ridicule. It is a way to help a community gather resources and information to effectively address certain issues and guard against hastily made decisions, which usually end up exasperating the original issue.Let’s take the Syrian refugee crisis as an example--quite the contentious topic with short-, medium-, and long-term implications. It requires in-depth conversation from multiple viewpoints in order to effectively address challenges it presents, separate emotional responses and practical measures, and remove political influence. Certainly not an easy task.Yet, it is possible for people from all sides of an issue to converse in a civil manner. To discuss what upsets them. To listen to what upsets others, why certain things upset themselves, and to collectively better understand such complex situations. Are the refugees a threat to security? Are they just people who need help? Which is correct? Or are they both correct? Or both wrong, and there's another possibility? This cannot be discovered through Facebook, Twitter or comment threads online. It must be done in person. Getting opposite viewpoints in the same room is challenging, though. “Come on down and
talk with someone who disagrees with you” is not an appealing invitation. But craft beer is. Having a discussion over a pint is much more attractive than having a contentious discussion.And such discussions are germane to discovery of effective solutions. Surface level questions lead to deeper inquiry that probe for more complete information. Are Syrian refugees harmless? Why or why not? What is the refugee acceptance process? Does it include placement and monitoring? What is to gain from accepting a refugee population? These are important questions to ask and to answer, but they aren't the only ones. Questions can counter conclusions people already hold, and challenging them can make them defensive, annoyed, dismissive or even angry. Yet a society benefits from having uncomfortable conversations. Of course alcohol can inhibit control over emotions, and nothing can get emotions boiling like politics and social issues, which can increase the likelihood of shouting and name-calling. This can happen anyway in tap houses and tap rooms, but what a venue can do is institute a public dialogue program that brings in professional facilitators to manage emotions and keep conversation on track and safe.Much like during the Colonial days, breweries and other craft beer venues could be the place in a community for public discussion on important topics, like the Syrian refugee crisis, and get away from pointless social media banter. Public dialogue is no easy task and should not be undertaken lightly. But the power of public dialogue, when harnessed, can provide enormous benefits to the brewery, tap house, community and the larger society. Real world problems addressed, understood and resolved in the real world, not cyberspace. Maybe we can call it "Craft Conversations".For more information about models of public dialogue, please contact Jason. --------------------------------------------------------------------
Brewed the Hard Way and Craft Beer: Mudslinging is Dirty Business
If someone throws a ball of mud at you, how would you react? Probably feel a bit disgusted and affronted, and maybe return the favor. It’s natural to seek retribution, but rarely does it resolve anything. After a while, mud is everywhere.This is evident in the political world, especially during election season, when candidates attempt to tear down each other to benefit themselves. It is quite ugly. Now we have seen this mudslinging enter the beer world through a Super Bowl commercial. Actually, it’s been around for a while; a latent dispute that was not yet ready for prime time.The craft (or micro) brewing community has attacked beers of BMC (Bud-Miller-Coors) for decades now. Partly because they had to in order to market the distinctiveness of their products, but also because of how much the craft beer community detests BMC’s products, brewing processes and business practices. Occasionally a craft brewer would praise the remarkable accomplishments of BMC, but according to (most of) the craft beer community, BMC makes “piss beer”, or “fizzy, yellow wimpy beer”.AB/InBev’s "Brewed the Hard Way" Super Bowl commercial thrust this dispute into prime time with a sharp counterpunch. It elicited a cry of “foul” from the craft beer industry. Craft beer geeks, dorks, brewers and connoisseurs have responded vehemently to this macro brewery's advertisement.It seems the years of smaller attacks from the craft beer community finally pushed AB/InBev to say “enough is enough” and start throwing mud back at the craft beer community. Perhaps the success and growth of the craft beer market segment has AB/InBev a bit nervous. And when you make the big dog nervous, it may just bite. Regardless, can craft beer take a dose of their own medicine?Judging from social media posts, the answer is “no”. Perhaps it’s a bit unfair that one side has a Super Bowl commercial and the other doesn’t. Yet, just because the BMCs are international conglomerates does not mean they are impervious to insults. They employ brewers, who brew a certain style of beer and feel insulted when that product is belittled. Perhaps the ongoing “piss beer” insults persuaded retaliation in the same vein.Nor are the 3,000+ breweries in the U.S. impervious to insults. A vast majority are small businesses and conduct business on a personal level. Handshakes and honesty are paramount to small business owners. When they are misled or lied to, or they see promises broken, it affects them personally. So they get defensive when they see a Super Bowl commercial attacking their livelihood, and insult them with the "brewed the hard way" tagline. Small brewery owners know firsthand how hard it is to brew good beer. Having a Macro brewery belittle this is a low blow and very personal. The temptation to return the ball of mud mounts.Does the brewing industry, macro and micro, really possess a desire to develop a mudslinging campaign? I hope not. I hope they respect each other’s business publicly and behind the scenes. Staying clean in a mud war is difficult, especially when the mud continues to fly. There is nothing to gain through slinging insults. Of course, turning the other cheek is also difficult, but it can help clean up the mess. Respect the competition. Employ some empathy to another’s livelihood. Discontinue the “one-upping”. Take the high road and let the beer flow.------------------------------------------
Running out of Names only a Symptom for Craft Brewers
Branding is an important aspect of any business and craft brewing is no exception. There are two main complications craft breweries face in branding their product. One is, what happens when two breweries share the same, or similar, names, logos or images? The other is coming up with a unique brand in the first place, which is often difficult and time-consuming task. A recent NPR article highlights this challenge; 3,000+ breweries equals a short list of available names and logos. But this is a symptom of an underlying issue.It is not so much that craft breweries are running out of names, but rather that they have not realized their creative potential to achieve a unique brand. This limitation makes the branding process unnecessarily difficult and time-consuming. Engaging a third party facilitator during the brainstorming process helps tap the brewery team’s imagination, ideas and cooperation to overcome the "short list" challenge.A skilled facilitator enables the parts of a craft brewery team to strengthen its whole. Each member can voice their concerns, articulate ideas and discover new ones, and examine decisions. As many minds are better than one, a good brainstorming session will see many ideas, good and bad, thrown around openly. Sometimes, seemingly silly ideas can serve as a catalyst for generating great ideas. Facilitation vets all ideas and navigates the group towards a collective and creative result.An outside facilitator grants the additional benefits of offering a different perspective and minimizing the restraints of groupthink. During facilitation, each member’s voice is heard, clarified and considered by all. No one is persuaded to think a certain way, or needs to worry about backlash from saying something different. A day’s worth of group facilitation can help a craft brewery achieve uniqueness and establish a name for itself for years to come.This does not guarantee smooth sailing through trademark waters, however. There is no clear distinction between similarity and difference, and this gray area varies throughout the industry and legal circles. One may see a name or logo as unique, another may see the same name or logo as influenced by their name or logo. A trademark dispute can be an ugly, expensive and daunting prospect. A common scenario sees a craft brewery requesting another craft brewery to change a name or design. If no conciliation is reached, then they retain legal counsel to send a cease and desist letter. Well, nothing will escalate a dispute quicker than a C/D letter. It is worrisome to receive anything in “legalese”. Once lawyers are involved, people tend to coil up into a defensive position, and this can cut off communication and block creative solution generation, not to mention engaging an expensive struggle. And if such dispute hits social media, then a firestorm erupts.But there are other steps unseen and not usually taken. The next step should include at least a call to a mediator before securing legal counsel (this does not mean that legal counsel must be excluded). While (most) attorneys advocate for their client, a mediator advocates for the process of mediation. That is, a mediator's focus is helping people communicate effectively, openly and in a safe space. While a settlement is a goal, it does not drive the mediation, because a mediation's objective is for the parties to develop a settlement of their choosing. Nothing is adjudicated or dictated; it's the parties' agreement, helped along by a neutral.Even if a settlement is not reached, mediation has two main benefits. The first is the opening of communication lines. Sitting face to face often changes the dynamics of a relationship that phone and email preclude. This can strengthen, maintain and establish personal relationships, which make collaboration easier.The second benefit is a "willingness to mediate". Sometimes, one party will agree to mediate and the other will not. If this happens, the first party will receive a letter stating that, yes, they tried to set up mediation and the other party was unwilling. This says to a judge (and the public) that one party was willing to talk it out, but the other was not.Avoiding costly, lengthy and damaging trademark disputes starts from within the brewery, not the ostensibly finite list of potential names. How a brewery team thinks is just as important as what it thinks. How the team communicates, within itself and with others, is just as important as what it communicates. Facilitation and mediation are more than feel-good, idealistic, notions. They can save a company tens of thousands of dollars and improve its overall image, atmosphere, communications and business.----------------------------------------------------
Craft Brewing Business - A Delicate Balance
There is no doubt that Craft Brewing Business is growing as an industry. For beer lovers, this is a great time to love beer. For brewers, this is a great time to brew beer. For investors, this is a great time to fund breweries. It seems there is a lot of "win" to go around.Unfortunately, tension grows between all three. Craft beer lovers (or geeks, like myself) embrace the ethos, as it were, of the craft beer industry while enjoying the suds. This ethos is difficult to define, but its salience remains strong among this group. Brewers now have the option, opportunity and a willing audience to try new recipes or tweak old ones. Creativity remains a strong factor in brewers' motivation. Investors see flocks of people rushing to local breweries' taprooms to fork over money for beer. The demand is super high, so the supply must increase.Here is the dilemma: Precision, time, money, supply, demand, quality, quantity and profit do not play well together as separate factors. They are not parts of the same pie; they are the pie. A baker does not dump flour, sugar, water, eggs and butter into a pan and place that pan in an oven and expect a cake to appear. Ingredients must be blended together correctly to achieve success.Same with craft beer. There must be a careful blend of brewing, investment and patronage to produce and sustain a healthy industry. This means that each aspect ought to understand the others, communicate openly and regularly, and give and receive feedback with civility and encouragement. Of course, this is not as easy as baking a cake...or a pie...but to be sustainable, difficult tasks need successful undertaking to lead to optimal completion.This blending is not easy. People are unique and have unique life experiences that may affect this blending process, which involves disagreement, dispute, communication, perceptions and learning. We do not look forward to such aspects of this blending.We all felt anxiety with that first phone call to a potential date, or before meeting that date's parents. A salesperson's first cold call ripples with anxiety. So, too, does public speaking for most people. Why? After all we are just talking to fellow humans. Yet, humans are a funny lot, which makes the above communication and interaction fragile, complicated and tense.This is a delicate balance of brewer, investor and consumer must be maintained, or at least pursued, to keep a craft brewery a profitable, creative and enjoyable business. Tipping the scale one way will see the other aspects reeling off the other end. A brewery without investment certainly faces tough times. An investor without product most likely faces taking a loss. A beer geek without beer just might dry up and blow away. To be sure, this brewing business is chock full of relationships that must be maintained. In this respect, people (and their interconnections) are a core ingredient in brewing.There is no shame in asking for assistance with important and complex issues. The shame is not asking.
RE: What I've Learned (Bill Butcher)
I was pleased to see that Bill Butcher mentioned people as integral to a craft brewery's operation, ("What I've Learned." American Brewer Vol. 30, Number 1). Unlike equipment and ingredients, where all you need is to purchase them and plug, or dump, them in, people are dynamic and unique. It is wise to hire people who share your vision, but it is of utmost importance to take care of your most important factor.People disagree, they tend to argue or push things under the rug until a lump starts to show, and they have lives outside of work. These things, and more, affect your brewing and business. We have seen this with many clients; teamwork deteriorates through disagreements, ineffective communication, and wrinkles in home life. There is much focus on the technicalities, legal aspects, and business models of brewing, but precious little on the development, enrichment and safeguarding of the people in brewing. ---------------------------------------------
Branding and Trademark Disputes: 7 Things to Keep in Mind
Of the challenges that craft breweries face, the dark cloud of trademark infringement is one of the ugliest for two reasons: a trademark dispute can cost time, money, energy and perhaps the business; and it is reminiscent of corporate industry, which upsets the camaraderie or community aspect of craft brewing. Yet this cloud persists and can hover over any brewery. If it comes your way, here are some things to keep in mind:
- While your business is a large personal investment, challenges against your trademark or brand (or accusations towards you of such) should not be taken as a personal attack. Easier said than done, no doubt, but if this dispute turns personal, it can get ugly and lose focus of the original concern
- Most trademark infringements, real or perceived, are accidental. With so many breweries in operation today, it is becoming increasingly difficult to find uniqueness in branding, naming and image. An accused brewery may not intend infringement or harm. This may sound trivial, but intent draws a line between hostility and honest mistake
- We all make mistakes, which are, by definition, accidental. Most of us feel bad when we mess up and the last thing we need is scolding. The best thing we can do is to learn from them and not admonish others for their mistakes
- Injuries of social media. Nothing can escalate a dispute more quickly, with more damage, over a wider area, than social media. The reward for using social media is minimal while the impact of damage is almost inevitable
- Talk it out. While a cease and desist letter might be required, it is a cold and impersonal communication. Yet, it is available at any time; if talking does not go anywhere a C/D letter remains an option. Nothing to lose by talking
- Get help to talk it out. This is where OvalOptions can help. Sometimes disputes become heated exchanges, communication shuts down, and parties run to the courts, bypassing an important, and often overlooked, step. Mediation and other alternative dispute resolution (ADR) methods provide effective, cost efficient and sustainable solutions without negating one’s right to seek legal avenues. ADR also helps maintain the communal nature of craft brewing
- In some cases, litigation may be appropriate. While this can be a long, drawn-out and expensive option with no guarantee of positive results, it might be necessary. This is not for OvalOptions to decide or advise.