TTB Help on our name or suggestions on naming conflicts with the TTB

[Hypnopooper]

In the process of setting up our distillery last year, we incorporated as "Big Thicket Distilling Co". That was registered with the stat on 1/17/2013. Last May we found out that another company registered "Big Thicket Brewery LLC" They registered with the state on 2/5/2013. We decided to ignore them, as they were making beer, we were making spirits, different products.

Fast forward to the present, during our TTB application process, we were notified that the TTB considers the first applicant to be the owner of the name, and the TTB is requesting for us (Big Thicket Distilling Co) to either change our name or get approval from the brewing company. Problem is what first started off as a sure from the brewery, has turned into a we need to talk to partners before such an approval would be given.

All be it, clearly we have the first dibs based on filing dates within our state. TTB is pulling a chicken shit move by simply stating that first come first serve and leaving it up to us to fight this out putting our permit in jeopardy even though the filing documents with TTB clearly show our incorporation dates and assuming the brewey had to produce similar documentation.

Oh and brewery was co founded by lawyer, so he has much more ability to drag this out and keep this unresolved than we do. Any suggestion on what we should do next? I have a hunch that a cease and desist threat letter if you don't give permission will go far.

[Jedd Haas]

It's a big legal can of worms. Do you want to spend a lot of money on lawyers?

In the interest of expediency, I suggest you come up with a different name.

[Hypnopooper]

After stressing to our TTB reviewer in an abrupt and curt email last night and demanding that this be reviewed by a senior TTB permitting officer. I emphasized that there is absolutely a difference between a Brewery and Distillery, and that each prospectively offers a different product to consumers. There should be no concern from TTB that an individual would not be able to tell the difference between whiskey or vodka and beer. Or that an individual might go to a grocery store shopping for beer and accidentally walk out with a bottle of vodka and being confused as to what they bought. If brewery and distillery were too confusing to differentiate to the general population, then why are there different rules, laws, and permitting requirements for each?

Additionally, I also reminded her that if the state of Texas allowed the 2 names that were close in name but distinctly different in filing for incorporation by their own incorporation rules, then that should be acceptable to the TTB. Their job is to process my application, not to worry about whether my distillery name is too close to another TTB permitted business. I'll deal with the brewery myself later, if needed at the state level.

So, I apparently managed to talk some sense into our TTB application reviewer. TTB has reversed course on our naming issues, and we are now moving forward. Next on the list is to trademark Big Thicket Distilling Co. to keep the brewery out of my back pocket in legal fees.

[Jedd Haas]

Where is the other Big Thicket located, close to you? You may have won the battle, but could be in for a long war of identity confusion.

[Hypnopooper]

Wer are well within what is considered the boundaries of The Big Thicket, as is the brewery.

http://en.wikipedia.org/wiki/File:Old_Big_Thicket.png