Stone Brewing, the Escondido, California brewer known for its Arrogant Bastard and other iconic brands, issued an injunction a short time ago against MillerCoors for the deceptive package labeling of its Keystone Light. On March 26, 2019, the Court issued a response, confirming “Stone’s mark to be commercially strong and recognizable” and agreeing that it is deserving of “strong protection.”
It case you’re not familiar with the issue at hand, it involves Keystone Light and its re-branding and marketing campaign from early 2018. At the core of the issue is the way the words are arranged on Keystone Light beer cans. MillerCoors decided to split the wording into “Key” and “Stone”, with “Light” displayed underneath. When you hold the can sideways to read these words, the word “Stone” is large and separate and if the can is turned just the right way, all you see is “Stone Light”. This could easily mislead customers into thinking, among other things, that the beer is a product of Stone Brewing.
Here is the official statement from the court:
“the Court agrees [with Stone], especially considering the marks incontestability, STONE® is entitled to the strong protection afforded to suggestive marks. Since Stone and Miller both produce a beer which is distributed nationally, a consumer is likely to encounter both within close proximity of the other, making it is reasonable to consider Miller a direct competitor of Stone … Taking all the factors into account, the Court finds that Stone’s trademark infringement claim against Miller is moderately strong.”
What the above statement means is that the case is sufficiently valid to send it to trial. Stone Brewing co- founder Greg Koch looks forward to the courtroom showdown and a chance to defend his brewery’s integrity.
“This is a very big deal,” stated Koch. “The Court’s order confirms what we knew: that MillerCoors should be ashamed of what they have been doing. All along this has been a clear-cut infringement case, and now we can focus our resources on proving the significant damages done to the good name of Stone Brewing.” He concluded: “To any believer in independent, craft beer, today is a good day. All we ask is that you keep #TrueStonevsKeystone on your mind, and true Stone in your fridge.”
Stone CEO Dominic Engels echoes Koch’s sentiments.
“We are pleased that the Court recognized the validity of Stone’s infringement claims. MillerCoors has made hundreds of millions of dollars from rebranding Keystone in a way that infringes on our trademark. It also has hurt Stone and our brand. We look forward to presenting this evidence to the Court at trial.” Engels continued: “We entered this litigation to obtain permanent protection against future misuse of our brand. The Court’s holding is a win for Stone and we look forward to presenting these issues to a jury in San Diego.”
Stone Brewing initiated its lawsuit against MillerCoors in Februay, 2018. Stone took to the internet and even created a video to announce the suit. Stone has a very good case against MillerCoors and it would be difficult to imagine that MillerCoors wasn’t aware of the similarities and potential trademark infringement when it decided to create this package design and subsequent marketing campaign.
Stay tuned for further develops in the case as Stone Brewing fights to protect its good name and important trademark.
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