By definition a trademark is:
a symbol, word, or words legally registered or established by use as representing a company or product.
While the United States Patent and Trademark Office declares trademark to be:
… a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks.
Oregon - Brewed in Portland, Harvester Brewing is one a handful of breweries in the area, that brew beer for gluten-intolerant people.
Unfortunately, they are also one of a handful of breweries who have been involved in trademark litigation.
Earlier this month the brewery was served a termination request, to cease the use of the Harvest name. The instigating litigant was Hope Family Wines of Paso Robles.
Harvester has attempted to work with Hope Family Wines. But so far they have been unsuccessful in their attempt to maintain recognition of the Gluten-free beers.
Hope Family Wines finds the use of “Harvester” in any form “unacceptable” so ideas like New Harvester Brewing or G.F.Harvester Brewing will not be permitted by Hope Family Wines. We would like it if the new name worked well with our love of farming, farmers, and tractors so we can continue using our tractor logo but we will consider non-tractor related ideas too.
As of this story, Harvester is now asking customers and gluten-free beer supporters, to assist rename the brewery.
Rather than spend time, money, and energy focused on a lengthy legal battle we have decided to ask our fans to help us choose a new name.
They ask that you submit your suggestions via firstname.lastname@example.org.
About Harvester Brewing
Our brewery consists of a new 7 BBL brewhouse built in Portland, OR by Metalcraft Fabrication. It was delivered in the Fall of 2011 during the construction of our brewery and we brewed our first batch in November 2011. In addition to the brewhouse we have two 7 BBL fermenters and four 7 BBL brite tanks.
We bottle all of our beer on site with a 6-head bottling machine built by Meheen Manufacturing of Pasco, WA.
We roast all of the chestnuts used in our beer on site in a gas-fired nut roaster from Jordan.