Tags
Common Law Trademark Infringement, Common Law Unfair Competition, Debra McVicker Lynch, Deceptive Trade Practices, False Designation of Origin, Federal Dilution, Tanya Walton Pratt, Trademark Infringement, Unfair Competition
Denver-based Great Divide Brewing Company has been using the registered trademark YETI in connection with “Beer and Ale” since 2005. Specifically, Great Divide has a range of imperial stouts utilizing the Yeti word mark and a design mark of the outline of a yeti, the pose closely emulating the gait from the famous Bigfoot video. Great Divide’s yeti is usually white on packaging and marketing materials, but sometimes red.
Jeffersonville, Indiana-based The Red Yeti, a restaurant/brewpub serving a limited selection of its own beer (currently a porter and hefeweizen), recently celebrated its second anniversary. Their logo is, not surprisingly, a red yeti in the typical walking pose.
When Red Yeti failed to satisfactorily meet Great Divide’s cessation demands, this lawsuit was filed. Stay tuned for updates.
Great Divide Brewing Company v. Red Yeti Brewing Company, Inc.
Court Case Number: 4:16-cv-00084-TWP-DML
File Date: Friday, June 3, 2016
Plaintiff: Great Divide Brewing Company
Plaintiff Counsel: Michael W. McClain, Robert W. DeWees, III of McClain DeWees, PLLC
Defendant: Red Yeti Brewing Company, Inc.
Cause: Trademark Infringement, Unfair Competition, False Designation of Origin, Federal Dilution, Common Law Unfair Competition, Common Law Trademark Infringement, Deceptive Trade Practices
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Debra McVicker Lynch
Complaint:
Note the Defendant’s website is currently down and its Facebook page has announced “big changes coming,” so perhaps a name change is already underway. Stay tuned for updates.
Indiana Intellectual Property Blog 