E-Malt.com News article: USA, OR: Full Sail Brewing files trademark infringement suit against law firm

Oregon-based brewery, Full Sail Brewing, has recently filed a trademark infringement suit against Sessions Law, an Atlanta-based practice that specializes in DUI defenses and vehicle-related homicides; the firm is led by attorney Ben Sessions, ipbrief.net reported on July 15.

The claim, which was filed on Tuesday, July 8th, argues that Sessions Law has been using the logo for Session Lager, one of Full Sail’s beers, to advertise their own DUI practice, which according to Full Sail creates a “direct and malicious connection” between the brand and DUIs.

Full Sail Brewery, also known as B.C. Marketing Concepts Inc., has been selling its Session Lager since 2005, using a diamond-shaped shield logo in red, with gray outline, and a cursive black font with the name of the beer. In the case the brewery filed against Sessions Law, the brewery claims that the law firm has been marketing its DUI-related services by using the same diamond-shaped shield logo in red and gray but with the name “Sessions Law” in it. Full Sail also claims that the Atlanta law firm is using this altered logo on brown paper bags, often used by beer consumers to carry drinks.

Full Sail argues in its complaint that it owns the marks related to “Sessions”, and that by using a slightly altered version of it, Sessions Law Firm is infringing on their trademark. Also, the use of the paper bag as a marketing mechanism, Full Sail argues, can cause irreparable harm to the brewery, since it can confuse its customers and partners. According to the Oregon-based brewery, at least one of its partners has expressed concern over the possibility of these marketing tactics being associated with Sessions Lager. With this in mind, Full Sail has asked that the District Court of Oregon to enjoin Sessions Law from using the logo, recall all goods featuring the possibly infringing logo, and that the court award treble damages.

Trademark suits involving beer names have not been uncommon in recent years, with the most recent case involving John Wayne’s estate and Duke University over the use of the name “Duke” on the alcoholic beverage. However, the issue in this case involves another law practice, which has raised questions regarding the infringement of intellectual property by lawyers in other legal areas. Regardless of the firm’s intention, the case has reinforced the importance of compliance with IP law in every business.


16 July, 2014