Industry Marketing – Page 12

More On That US Trademark Law Facing Vermonster

You know, it’s fun to learn new things. Today, for example, I learned how to use the search tool at the United States Patent and Trademark Office. A great example of open government, you can even see the emails on the Office’s file listed as Notation to File – thrill to the bureaucratic reality, baby. Why’d I do it? Well, because Hansen Beverage Company, the makers of a jittery soda pop called Monster, has issued a press release about their reasons for objecting to the application filed by Rock Art Brewery to trademark their beer called The Vermonster. In part, they state:

In order to protect Hansen’s valuable Monster Energy® trademarks, Hansen is legally obliged to, and routinely sends, “cease and desist” letters to, and where appropriate, pursues litigation against, entities and persons who use or attempt to register similar trademarks for products that are similar or related to Monster Energy® products. A “cease and desist” letter was sent to Rock Art Brewery on September 4, 2009… Hansen has not, and does not, target or single out one company over any other, nor distinguish between big or small companies or individuals when enforcing our trademarks.

To be fair to Hansen, that is true. For example, when one looks at the registration by Coca-cola of a drink called “Monster Refreshment” you can see that Hansen does object to others and is not afraid to take on companies far bigger than they are. Hansen actually seems to be involved with a whopping ninety-nine trial or appeal files of one sort or another at the moment. So, they are not picking on Rock Art – though what I see are other firms using “monster” somehow and not just a word, as with Vermonster, containing “monster” or some a step further. What would the do if faced with a “-onster” word like “Sue-me-nonster” beer? I have no idea.

Sometimes trademark applications just go away as when the Brooklyn Brewery abandoned its trademark application for its Monster Ale barley wine in 2005. No idea why they did that. They seem to have all their other brands in he system including the as yet unmade and somewhat mysterious Local 3. Sometimes they are resolved as when Hansen bought the rights to a beer brand called Flathead Lake Monster in 2006… though it doesn’t say for how much. Actually, Flathead Lake Monster Ale seems to have gone away about the same time. There was a Flathead Lake Brewery in 2008 but that seems to have gone, too.

But one trademark didn’t seem to get protected by Hansen. The one for Monster Malt Liquor. It was deemed abandoned by the Patent and Trademark Office who sent Hansen’s lawyer this Notice of Abandonment on 20 July 2009. See, Hansen failed to file a document called a “Statement of Use” even though they were given three extensions to make that filing. Because, presumable, they did “use” the name by making a beer called “Monster.” Or, I think, make any beer at all for that matter. I guess in that respect beer and jittery soda pop are very different things.

Will Hansen’s abandonment of their one intended beer trademark make a difference? Will it matter to their argument that Vermonster causes confusion when it is pointed out that they could not put even a malt liquor on store shelves? I have no idea – but you sorta think it should, right? Interestingly, another factor that might affect the outcome is that soda and beer are in the same trademark goods and services category called “light beverages” which is separate from both wine (listed under “alcoholic beverages”) and coffee (listed under “staples”). A quirk? Not important? Who knows?

Meanwhile, you know things are getting more jittery than usual at Hansen HQ as Monster Energy may have stopped tweeting. the push back and the boycott grow. Because the consumer doesn’t need to wait for a ruling from the Patent and Trademark Office, right?

If “Vermonster” Is Confusing – Isn’t “Monster” Worse?

Much is being made of a legal claim being brought against Rock Art, a small Vermont brewer, who makes “Vermonster” beer by a premium soda pop maker whose brands include “Monster” energy pop for confusing the brand – especially since the claim is being made in the name of the soda company’s plans to enter into the beer market. But not so much is being made on this point noted by one Green Mountain State publication:

Rock Art isn’t the only Vermonster out there. Ben & Jerry’s has long used the name for a massive tub of ice cream available at its shops. A spokeswoman for the company said she was not aware of any trademark issues with the name. “Vermonster” is also the name of a series of truck rallies in Bradford. Brooklyn Brewing Co. makes a barley wine called “Monster Ale.” A representative to the company declined to discuss whether Hansen had challenged its use of the name.

OK, that is a few points but you see my point, right. Good old Brooklyn Beer has had a beer called “Monster” on the shelf for quite a number of years. I have one in my stash right now. Simmering in its own wickedness, no doubt. There are others, too. Will they all get sued? The Bee-to-the-Ay lists 34 monstrous craft beers on the market already. What if all craft brewers shared in the idea and put out their own Monster and “-onster” branded beers, too?

We are only at the stage of the legal letter sent, we are told, by the specialist intellectual property law firm Knobb, Martens, Olsen & Bear. Which is good. There is still time to think of the big picture. It may well be that the negative reaction to the note may well lead the Hansen Beverage Company to reconsider their strategy. They look like they want to get along and have a happy name in the marketplace. Who doesn’t? Hard to overcome bad press.

Isn’t It Sad When The Advertising Money Tightens?

Macro beer ads are so weird. There is so little connection to beer involved in them that it is quite the thing to read them being discussed seriously as in this St. Louis Business Journal article:

“The free-wheeling, let’s-give-it-a-try attitude is changing,” said Jeff Goodby, co-chairman and creative director at San Francisco-based Goodby, Silverstein & Partners, the agency responsible for Budweiser’s commercials featuring Louie the Lizard. “I think things are scrutinized and calculated a lot more now.”

Louie the Lizard. Now that just screams of quality, no? No doubt Gary the Goat was an idea dropped in an earlier round of free-wheeling, let’s-give-it-a-try thinking-outside-the-box. Apparently ad agencies are shocked that big big brewers want ads that sell beer. Problem is I can’t think of a single quality in an ad an agency could make that would “incentivize” this consumer to pick up that sort of product. A crazy idea – but maybe tell me about its actual characteristic? That it is good value? That I might, you know, like the taste?

American Craft Beer Week = Hooray for Everything?

Not being American in the national constitutional sense, though somewhat in the continental Vespucci sense, sometimes I find things like American Craft Beer Week and a Declaration of Beer Independence all seem a bit too hooray for everything for me. You remember “Hooray for Everything” don’tca? They were in one episode for about 17 seconds of the Simpsons fifteen years ago, a youth musical group of “clean-cut youngsters” who sing about “the dancingest hemisphere, the Western Hemisphere.” In this case, however, it’s apparently about the greatest “beverage of moderation” instead. And keep tea out of this, wiseguy!

Andy was wondering a bit about the promotion as well, especially the part in the Brewer’s Association material that states their members “want the week to inspire beer enthusiasts to declare their independence by supporting breweries that produce fewer than 2 million barrels of beer a year and are independently owned.” I don’t know about you but I would expect that beer made by an operation making 2.5 million barrels a year has a lot in common with those making say 1.25 million a year. Hardly a reason to distinguish one from another and, frankly, hardly the hallmark of “an artistic creation of living liquid history made from passionate innovators.”¹ But, to be fair, this is a PR effort that, like the recent craft brewer pep rally video, is really aimed at someone other than me. It seems to me that it’s aimed at the brewers themselves and the clients that have yet to commit to a relationship. Me, I just want a tasty beer. It could come from anywhere for all I care… or could it:

During the discussion portion of Beer Wars Live Greg Koch pointed out that Stone Brewing’s Arrogant Bastard Ale is the nation’s top-selling craft 22-ounce package. How’s that for a target? If Anheuser-Busch could brew that beer for less wouldn’t they? So to the line I’ve heard so often: “The big brewers could brew whatever they want if they chose to” I say “Poppycock.” I’m of the opinion they can’t brew the beer at any price. It’s not in their DNA.

² I don’t know if it is about DNA but I get Stan’s point – it may be within their technical capacity but it is not in their business model. But is it really in the business model of the brewer that makes 1,999,999 barrels either? Does the recently released lists of both the top 50 brewers and top 50 craft brewers really provide that much of a distinction? And what about Yuengling anyway?

So, if you don’t buy into brewers as celebrity… or brewing as nationalistic jigno… or can see “not quite mass industrial” as being fundamentally different from “mass industrial”… well, it all makes for a yearning for the simpler approach to ads in the England of the 1930s like “Beer. It’s Lovely” or “Beer is Best.” Such short simple sentences. All the everything with a bit less of the hooray.

¹[Ed.: that’s rather plummy… a bit ripe… where is my cravat anyway?]
²[Ed.: image brazenly nicked from Pete’s blog. Buy his books. Now I feel better.]

Text: I Am A Craft Brew Fan

Man – things are getting weirder and weirder out there. You know, I really don’t need any videos of people I will likely never meet telling me how great they are and how there is a unified movement of pure positivism that you can’t deny – even, I suppose, that time the beer kinda sucked or, worse, their experiment in your mouth ended up costing you $15 bucks too much. I mean it is fine and fun for them and their friends and at the conventions and all but let’s get a bit serious: is this about beer or fawning?

No, I think there has been a little too much attention placed in the wrong direction lately what with this wave of celebritosis, not to mention with the new found right for some beer people calling other beer people hateful, idiotic and uninformed on the one hand while others are acting like outright sycophantic cheese eating schoolboys on the other. You know what I think? We need to find our center again. We need to understand who is the most important person in each beery universe and that is the person in the mirror. Lew knew when he wrote about describing taste today:

But “Don’t write to impress, write to communicate” is good stuff. I can’t believe that one of his commenters — “Dr. Wort” — actually advises him to use the Lovibond scale to make more accurate descriptions of color. Great, let’s just all do it by the damned numbers. Useful. Beer tasting is subjective. There’s no way to get around that. Period. Never will. That’s why medals are usually awarded by blind judging and consensus, by panels. Best you can do. I don’t present my “reviews” as anything but my opinions. I don’t say you’re right or wrong if you agree or disagree; frankly, I don’t care, in the end. If you find them useful, and I hope you do, that’s great; if you don’t, I can understand that, too. They’re descriptive, not prescriptive. I hope you find the following reviews useful. I’m not going to worry about it, though, and neither should you.

I thought a similar thing when I was thinking about how to describe the fact that I really do not care about the preciousness of the thoughts of others to the detriment of my own ideas. And when I think like this, like you, I think of the Romantic poets as I mentioned over at Maureen Ogle’s place during a good exchange about ideas when I realized I needed to mention Billy’s Wordsworth’s fantastic 1804 poem “Daffodils” aka “I wander’d lonely as a cloud…” which ends:

“For oft, when on my couch I lie
In vacant or in pensive mood,
They flash upon that inward eye
Which is the bliss of solitude;
And then my heart with pleasure fills,
And dances with the daffodils.”

That is it! I said that it’s all the “truth of the couch” – except with web twenny I get the interpretation of the daffodil… or the beer… or the movie… or anything under the sun from a hundred, a thousand folks laying upon the couch in pensive or, more likely, vacant moods. That is in fact so it. My sofa. My mood. My vacancy. So, if you want to go to movies and gush or crap about movies, feel free. If you want to go to fest and gatherings where you can meet brewers and folk that present about beer and think that was money well spent or a total drunken waste, fill your boots. If you want to read a book and think you’ll never be as clever as someone who gets their words set by members of the typesetters union or think it was a really dopey way for the author to spend two years of their life, well, to each their own on that, too.

But if you want any of those things or you just want to think about the beer in your glass and then tell people what you think of it – good or bad – don’t take guff off of anyone because at the end of the day it is only you… and the beer.

Extreme… X-Treme… X-Tre-m… XTRM… ?

Hub-bub. That is what is going on. There is hub-bub afoot these days about “extreme” beer. Here is what I know, though things may be changing on the fly, minute-by-minute as it were:

The Independent in England goes all yikes over BrewDog and other new strong beers even categorizing their article under the “health news” beat. Best ‘fraidy cat panicky quote: “alcohol campaigners have complained that drinkers may be unaware of the strength of the new products, a single 330ml bottle of which is enough to make an adult exceed their daily recommended alcohol intake.” Deary deary. Let’s hope know one in England under 40 has heard of gin either because I understand that, too, can get you tipsy.

Then Pete Brown goes yikey-doodles in response laying it on thick and hearty in return, due to the article’s reliance on his own work to create the “health news” in question. Best Pete-flips-lid quote: “[the article] creates a master class in hypocrisy that would be funny if it wasn’t for the fact that it might damage brewers I care about who spoke to me in good faith.” Look, I know as a good North American I am supposed to think the residents of any EU nation are nothing but big daft socialist softies but I still find it hard to believe that anyone who might actually have chosen to try an extreme beer would be deterred by this “health news” – and suspect, for that matter, that many more would take it as an opportunity to explore the big brews mentioned.

And, then, Stan asks the musical question – with a lot less of the yikes – as to what “extreme beer” actually means to you… and to me. Specifically, he asks:

What I’d like to know is if the term “extreme beer” means something specific to real live beer drinkers. I’ve never heard a customer at a bar say, “I’d like an extreme beer, please.

Good point but since the advent of extreme beers I have also never heard a customer say “I’d like to try a few more of all these wonderful new experimental session beers you offer, good publican.” That’s because extreme beer has had this Vulcan Mind Meld on so many craft brewers that all their explorations are based on turning to the volume to eleven, too often to focus on quantity of taste as opposed to quality. There is no room for modest balance (or modest price for that matter) where all on offer is extreme.

What’s it all mean? My comment at Stan’s begins extreme beer means nothing to me and that is as honest as I can put it. Mainly because it is really nothing new. Experimentation with very strong beers like Samichlaus or Thomas Hardy Ale well predate the X-TR-M label. Experimentation with odd and intense ingredients has been going on in home brewing well before Papazian’s first book. While you are at it, just consider the simple fact of Belgian brewing history or even only the sour branch of it. But besides all that – aside from the claims to new and exciting – for too much of the time extreme beers simply disappoint because they taste like you’ve just sprayed aerosol furniture polish in your mouth or because you really didn’t want to revisit the undergrad skull splitting headache the next day. Yet it has been latched upon as a means to market, to increase price and perhaps forgo value in a way that ignores that the adjective “extreme” has become a bit of a joke in other areas of pop culture.

X3M09? One year later and I still feel now as I did a year ago – the push for more ends up feeling like nothing so much as branding and hyping and inflating of a particularly tedious sort. A little like those ads aimed at “off-centered” people, I really look forward to the day that we look back at “extreme” brewing as we do the song stylings of Rick Astley. Must I quote the Scottish play? Has it come to that? Extreme beers are…

…but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more: it is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.

None of which speaks to the quality of any particular beer. Some are wonderful and lovely. But for all the US strong beers I have enjoyed I have disliked more… and more than once felt a bit ripped off. And I suspect most feel this way – though both the panicky health nuts on one hand and the craft marketing hype machine on the other might not like to admit it. The trend is not for death by ale, is not for beer that could sterilize surgical instruments while tasting like steak sauce or shoe leather, is not for the 25 dollar bottle that captures the essence of a thousand hop blossoms. And, because of that, it does a disservice to the bulk of more moderate craft beers and the vast majority of beer sales and buyers.

Were there that North American beer consumer lobbying group, I would expect that a backlash against the focus on extreme might have started some time ago. But we have none so it’s not begun. Maybe it should.

My Seemingly Obligatory Thoughts On St. Patrick

Have a thought for Saint Patrick, the actual guy. Taken as a teen age slave from his native Wales to Ireland, familiar with all the details of Druidism from whose bondage he was destined to liberate the Irish race, able to paralyze those who would deter him from his mission and all we can do is get pounded in his name. Isn’t the 17th of March now a bit of a sad legacy given, at least in certain places, the celebrations reach a pitch which would make a Druid blush?

Craft beer fans seem to object to the St. Patrick’s Day as a general thing. Andy Crouch is turned off by the exploitation by big American breweries, the push by Guinness for a holiday is seen for the commercial exploitation that it is and slightly excruciating efforts are made to find another angle on green beer.

But not being Irish, not being American, no longer being a regular Guinness drinker and not being a person to go out and get sloshed in bars like some cheese-eating frat boy…what’s the harm? Isn’t the cheeriness associated with the day and the doings somewhat compelling? Aren’t there peoples from Patagonia to the Republic of Palau who ache with jealousy at the good PR the Irish get out of it? And, given all the free press about beer this time of year – if we are like Patrick to be evangelists ourselves – isn’t this a great opportunity for a teaching moment? Isn’t this, frankly, the sort of beer holiday that craft brewers would dream of making up if it didn’t already exist?

Saint Patrick can be associated with bringing the gift of civilization, of the pluck to take on an impossible task, of the enduring drive to achieve passion’s dream. These all seem great values you can associate with hard working craft brewers. Take back and take on the day, I say.

Wisconsin: Bitter Woman IPA, Tyranena Brewing, Lake Mills

My mid-west beer territory has expanded care of Stan’s visit the other day. The New Glarus Spotted Cow of the other night was my first WI brew (of the non-cricketing WI that is) and here’s the next one – Bitter Woman IPA from Lake Mills’ Tyranena. The brewer tells us that the bitter woman in question was one Aunt Cal, an old sweetheart of the famous American poet, Henry Wadsworth Longfellow, and early local resident. See – a literary connection overcomes political correctness every time. And, well, I suppose that’s better than being a headless man, one of whom their alt is named after.

But what about the beer? It pours a smoked orange ale under a huge cream head releasing a bit of an orange marmalade aroma. In the mouth, a sweet wave of fruit-filled malt: plenty of graininess but also the sweet smoothness of residual maltose…mmmm, maltose. In the malt there is marmalade, sultana and kumquat. At least two distinct hop sensations with the black tea on the tongue as well as a bit of hot pine more to the back, cresting on the swallow. Plenty to chew on for a very reasonable 5.75%. Nothing thumb-index-pinkie salute here yet high praise from the BAers.

This might be the beer you really wanted.

Another Variation On Nutty Nutty World Of Fearmongery

This stuff is too unbelievable to not post for your consideration – with a big tip to Paul:

In a letter to the company, the Portman Group has warned that BrewDog’s products are potentially in breach of its official code of conduct. David Poley, the Portman Group’s chief executive, told The Scotsman: “We have asked this company to take remedial action to address potential problems that have been highlighted to them. “If a company fails to remedy the perceived breach, the matter will be formally referred to our independent complaints panel and, if a case is upheld, we will issue an alert advising retailers not to stock the product until it has been amended.”

Whew – what’s that smell?!? The only issue I have with the article is the claim that BrewDog’s beers are in Canada but as to the rest of it, crazy. Note that the Portman Group is a trade organization which will mainly represent firms who may be losing market to the innovative if cheeky lads from BrewDog. A very good point is made as well as to who is responsible for making cheap booze available to the market – other members of the Portman Group.

You know you are doing something right when this sort of stuff comes crawling out of the woodwork. Read BrewDog’s full response here.

Single Cask Brews: Manufacturing Scarcity Or Pure Genius?

I just about flipped out when I saw this post over at 2 Beer Guys (from the April 16, 2008 issue of The Coloradoan) about the Odell Brewing Co. (with whom I am not familiar but which I am sure is nice and run by fine folk, and all) doing a limited run of a series of single cask beers – each brew never to be repeated and the cask retired:

…Each batch of the ale, which will have more vanilla and caramel tones, will make enough for only roughly 120 cases before the recipe is retired, creating an exclusivity factor not usually associated with beer. Each 750 mL bottle – hand-corked, hand-signed and numbered – will sell for $24.99. “It’s a one-time kind of thing,” John Bryant, Odell chief operating officer, said of the process they hope will put them at the forefront of the market.

Excellent. Because we all need another mechanism to raise prices through exclusivity. But am I being fair? Am I being a rogue consumer who is too tight with the wallet. I would encourage, first, that you consider two posts by Stan from last January in which he makes a number of points relating to overly limited runs of barrel-aged beer and the effect on price and popularity. And isn’t that very last point, popularity counter-intuitive? Makes me wonder whether some of these high rated beers are a lot like the 60’s – that many who claim to have experienced them were never really there.

But my point is more, I hope, to the point. What is the basis of a $24.99 price tag on these bottles of beer? Is anything else at that price point? I trust that each of you will consider your responsibilities as an active player in the market and avoid artificial inflationary events. And, sure, it will be a price that is paid but so is “jerk tax”, that premium you pay whenever a vendor can get you for one reason or another. Why not $18.99 or $35.99? Using the math from the story, scrapping the barrel after only one use adds 450/1440 or 32 cents to each bottle or about a tenth that the corked bottle does (if what a US brewer told me last month is true.) Are you so out of control that you don’t care? Are you the sort that will run to this, that will try to profiteer even? Or will you just say no? What do you fall back on to make this decision?