Trademark suit: Who is in the right? CoorsMiller or Online Beer Pong Superstore?
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M$4 Answers
If I understand the laws correctly, there has to be "Evidence of actual confusion" on the part of consumers of the products. I just don't see anyone going out to buy Beer Pong hoping the package contains Miller Lite. Now BeerPong does have a few packaging materials intended to look like beer products, but even then, I'm not seeing it.
I'm guessing this is purely a publicity stunt to show how socially responsible CoorsMiller is.
That's why I think they included the following statement in the lawsuit:
“MillerCoors has taken steps to promote responsible drinking and has worked with the community and its local distributors to help the consuming public understand the importance of drinking responsibility”
I couldn't find an image of it, but a couple years back I attempted to buy some Coors Light from a grocery store in Guam (yes, I know @albanian, I have bad taste in beer..). I didn't realize until I returned to my hotel room that I had just purchased a 6 pack of Rainier Lite instead. The can and logo were an obvious ripoff of Coors Light. I could see a case for trademark infringement there. I can't in any way see it with Beer Pong.
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M$
I think beer pong should change their logo, put some thought into it and make some spectacular! The could make something that was like....a ball dropping into a flaming plastic cup! Or maybe a ball dropping into a cup with the beer splashing out of it...I mean is it really that hard to think of something else??
Good question @Albanian I'm curious to see what others say! :)
My opinion
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M$
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$
I see the similarity now. Their previous logo copied a lot of the Miller design elements, including the font face and the flourish underline. It looks like they were trying to get a free ride on Miller's advertising. Miller had a good case, which is probably why Online Beer Pong changed their logo.
@albanian, you are a 'force' on the interwebs!
hahahaha this is a cool question thread! and thanks for the pic, hehehe so very similar :)
They changed the design on the site since I asked this question. Because the photos are actually links, they changed too. Here's another site which still has the original logo
Here's the original infringing logo depicted
They changed their designs! The beer pong folks completely changed their designs in between when I asked the question and now. Their previous design was far too close for anything but a humorous parody, but you can't do that selling a product line. Now no one can judge for themselves unless they downloaded the pics before the site was changed. Oh well, it was a good question while it lasted.
That does change things quite a bit.
Though I would still have to say it's borderline.
I don't know the laws well enough, but I would think that they were shooting for a comedic parody and not attempting to deceive consumers into thinking they were selling Miller Lite.
But I can now see why CoorsMiller was not very happy...