Brendan Palfreyman is a leading national source for articles about beer trademarks
“We’re literally running out of words in the English language that haven’t already been taken,” said Brendan Palfreyman, a lawyer in Syracuse, N.Y., who handles beer trademark cases.
Brendan Palfreyman, a Syracuse, New York, trademark lawyer who is not involved in the lawsuit, says Shipyard’s case is not a typical, straightforward trademark complaint.
“If you see someone out there using your mark in a way that’s confusingly similar, it’s incumbent on you to make sure it doesn’t become generic or widely used,” said Brendan Palfreyman, a trademark attorney specializing in craft beer.
The opposition to the Brooklyn Brewery trademark was first reported on Twitter by Brendan Palfreyman, a Syracuse, N.Y., attorney who specializes in the craft beer industry.
“There’s always a disadvantage faced by David in a David-Goliath scenario where you can be outspent by a larger opponent,” [Brendan Palfreyman] added.
According to Brendan Palfreyman, an attorney at Harris Beach PLLC in Syracuse, N.Y., because Sierra had yet to respond to the original complaint, Lagunitas will have an opportunity to voluntarily dismiss its claim without approval from Sierra Nevada or a judge.
“From a strictly practical standpoint, it’s harder—or less likely—to receive a cease and desist, and especially a lawsuit, for a product that’s only sold once,” says Brendan Palfreyman, who specializes in brewery trademarks as an attorney at Syracuse, New York’s Harris Beach PLLC.