Jackalope battles rival over trademark issue | Legal
Area-based Jackalope Brewing Company has turned to the courtroom to stop Colorado rival Oskar Blues Brewery from distributing a new beer featuring the face of the mythical creature from which Jackalope takes its name.
Jackalope filed a lawsuit in late March against Oskar Blues’ parent, CANarchy Craft Brewery Collective, arguing that Oskar Blues’ limited-edition Western Mutant IPA violated Jackalope’s trademark rights by using a silhouette of the creature.
During the proceedings, Oskar Blues denied infringing Jackalope’s trademarks, but agreed to switch to a different design featuring an ape-like creature. As part of a negotiated court order, Oskar Blues also agreed to sell the remaining stock of jackalope-flavored beers west of the Mississippi River. (Jackalope distributes its beer almost exclusively in Tennessee.)
“We’ve spent over a decade building the Jackalope Brewing brand,” said Jackalope CEO Bailey Spaulding. “We are grateful to the court for issuing the temporary restraining order to protect our brand and logo. We respect the trademark rights of other breweries and expect others to respect ours as well. We are grateful for our loyal customer base across the country and we look forward to finding a solution that allows both parties to once again focus on what we love to do best, which is making beer.
Oskar Blues did not respond to a request for comment via his legal team.
Jackalope originally contacted Oskar Blues in January with a cease and desist request. In a response, Oskar Blues’ attorney said CANarchy “respects the intellectual property rights of others, but disagrees that it has infringed or otherwise violated” any of the trademarks. trade of Jackalope.
Oskar Blues argued in court papers that Jackalope misled the court by comparing the Oskar Blues can to a Jackalope souvenir mug, rather than his actual cans, and also noted that Oskar Blues used a small drawing of jackalope on some earlier versions. Jackalope was founded in 2011.
A first case management hearing is scheduled for June. Jackalope is represented by attorneys for Spencer Fane (formerly Bone McAllester Norton), while Oskar Blues is represented by attorneys for Wyatt, Tarrant and Combs in addition to a California attorney.