Bogus Trademark Claims

[scohar]

A sample petition, as entered this morning.

Nice.

[scohar]

I have long used StatCounter to keep track of who is hitting my site, what search engine phrases are getting used, etc. I noticed that yesterday, Dr. Berglund paid another visit to my site using the search terms "Artisan Distilling Workshop". The man is committed!

See the graphic if you want to see if Dr. Berglund is hitting your site. Note the use of the google.se search engine, and the originating city of Lansing, MI.

I find it extraordinarily amusing that he sent out his email "cease and desist" letters during his pending trademark application, giving all of us ample time and warning to file our protests and oppositions to his application. Thanks Dr. Berglund!

[Mark Traphagen]

I have long used StatCounter to keep track of who is hitting my site, what search engine phrases are getting used, etc. I noticed that yesterday, Dr. Berglund paid another visit to my site using the search terms "Artisan Distilling Workshop". The man is committed!

See the graphic if you want to see if Dr. Berglund is hitting your site. Note the use of the google.se search engine, and the originating city of Lansing, MI.

I find it extraordinarily amusing that he sent out his email "cease and desist" letters during his pending trademark application, giving all of us ample time and warning to file our protests and oppositions to his application. Thanks Dr. Berglund!

[BWFiggins]

Dear Colleagues;

I wish it to be known that I am personally in awe of Dr Kris Berglund's depth of knowledge concerning the physical principles of distillation. He is a real treasure to this industry, and should be recognised as an outstanding educator.

In the matter of his seeking trademark protection for the phrase Artisan Distilling Workshop, it is plain to see here that there is an overwhelming feeling of objection toward this application. I respectfully objected to his claim in the appropriate manner, and I think that it is a matter of personal choice if you wish to object in your own way. In keeping with the sense of great civility that we share on this discussion forum, however, I urge everyone to please refrain from character judgements, emotionally charged sentiment and vitriol. I fully admire the impassioned nature of craft distillers, but we have not yet heard from the good doctor on this issue since receiving his 'cease and desist' letters.

Dr Berglund, despite his recent need to seek trademark protection of a seemingly generic phrase, is a soft-spoken scientist, an intellectual giant, and a luminary in the discipline of distillation science, irrespective of what you may think of his academic post. We have been together on the same panel of speakers at a conference, and I otherwise have a great deal of respect for him. Please proceed in a calm manner if in fact yours is the stronger, wiser position, and the right way will be chosen!

All the very best,

Berle W Figgins, Jr

[scohar]

Berle,

You are right. We should remain civil. I'm sure Dr. Berglund is a fine person.

However, legal actions always get people's hackles up, and I was profoundly bothered by getting the impersonal note that I received for what is an absurd trademark. His action on this issue was bothersome.

Scott

[BWFiggins]

Berle,

You are right. We should remain civil. I'm sure Dr. Berglund is a fine person.

However, legal actions always get people's hackles up, and I was profoundly bothered by getting the impersonal note that I received for what is an absurd trademark. His action on this issue was bothersome.

Scott

Hi Scott,

We are all human, and thankfully so! It is my prediction that Kris Berglund will respond in due course, and he may even temper his position in light of the prevailing opinions and objections.

All the best,

[Mark Traphagen]

All,

I'm a trademark and copyright lawyer with several beverage clients. I've been using the forum for over a year now, but this thread is the strongest interest I've seen in trademarks and brand protection. If there's enough interest, maybe we should move the conversation to another, more general thread on the legal and marketing aspects of building a brand.

To hold up my end of the conversation, I've attached some general information entitled "Trademark Checklist for Winemakers, Distillers, and Brewers." I hope you'll find it useful in your efforts. Please read and comment as you like.

Mark Traphagen

TM Checklist for Winemakers, Distillers & Brewers.pdf

[Jonathan Forester]

Thanks for posting all the info. I petitioned my complaint as well.

JMF

[Classick]

Great info and discussions here guys!

and thanks for the reminder that we are in this together, to an extent. Civility is a wonderful thing.

[Gwydion Stone]

I'm in agreement with everyone here so far that Dr. Berglund should not be granted exclusivity on the term in question and that it is far too generic.

I filed my first tm last year, and I can attest that the process is certainly not as intuitive as it could be. It's not easy to understand what type of claims to make or not make, what sorts of disclaimers may be required or not permitted, and why.

I don't know that Berglund's initial motive in applying for the tm was necessarily hostile; it may simply have been misguided. There's a fine but crisp line between claiming a mark specifically to prevent others from using it and simply assuring your own right to use it.

Of course, because of the way the system works, one is obliged to be assertive in protecting an exclusivity one may not really want.

[Guest Bonanza]

Did someone contact Dr. Berglund about this issue?

It would be interesting to know his opinion, trying to protect generic words is like asking for problems and what I was reading about him he's a serious professional that shouldn't be interested to be involved in unnecessary trouble.

Maybe, in case that he's the real author of that email, he might review his matter and change his petition.

Joe

[TrademarkAtty]

If anyone gets one of these letters and wants to formulate an appropriate response from a trademark attorney, please feel free to contact me.

[JudoBaggins]

To add to the confusion CARL Artisan Distilleries and Brewing Systems has a trademark character on the term "Artisan Distilling Workshop" on their website.

http://www.brewing-distilling.com/page11/page11.html

[Ralph at Tuthilltown]

I believe the "trademark" notation is meaningless in the US in the context of a protected mark or brand if it is not registered and approved by the USPTO. Any other more qualified than I am who can comment on this?

[cowdery]

I believe the "trademark" notation is meaningless in the US in the context of a protected mark or brand if it is not registered and approved by the USPTO. Any other more qualified than I am who can comment on this?

Anyone can legally put a "TM" next to anything they want, without any government approval or registration. It is intended to represent notice that you intend to seek protection for the mark, so in that sense it is not entirely meaningless. Typically one creates a mark, puts the "TM" on it, then submits the mark for registration. When registration is granted you are entitled to use the ® which signifies a registered trademark.

(I am providing this for general information only and it should not be construed as legal advice.)

[BWFiggins]

Anyone can legally put a "TM" next to anything they want, without any government approval or registration. It is intended to represent notice that you intend to seek protection for the mark, so in that sense it is not entirely meaningless. Typically one creates a mark, puts the "TM" on it, then submits the mark for registration. When registration is granted you are entitled to use the ® which signifies a registered trademark.

(I am providing this for general information only and it should not be construed as legal advice.)

Excellent insight, Chuck. You are right on the money!

As far as I know, Big Bend Community College (Moses Lake, Washington) is still marketing its course as Artisan Craft Distilling Workshop, with no plan to trademark that phrase. If challenged, it will most likely use the words short-course or seminar to convey the same thing, relatively speaking. The one-week symposium will still attract upwards of 50 attendees every six months, under any name it chooses.