HideTechdirt is off for the long weekend! We'll be back with our regular posts tomorrow.
HideTechdirt is off for the long weekend! We'll be back with our regular posts tomorrow.

In-Bev Gets One Guy Making Charitable Juice Drinks To Change His Brand Name

from the seeds-of-discord dept

Just as Anheuser-Busch In-Bev dropped one silly trademark opposition, it has gotten back on its bully horse and rode into town to smack around someone even smaller doing something even less threatening to its brands. This go around, In-Bev stuck its nose into the trademark application of one guy in Belfast for a juice line built on a social platform for helping homeless charities to make the lives of the unfortunate a little better.

Colin Mackey (30) was forced to withdraw a trademark application for his social enterprise juice business John Appleseed's, after receiving a letter from a law firm representing the largest brewer in the world. It claimed the name was "sufficiently similar" to its alcoholic 'hard cider' brand Johnny Appleseed.
To be clear, Mackey's juice line doesn't have anything to do with alcohol. Like, at all. It's simply a small juice product, with some of the profits generated going to charities that help the homeless. Unlike the aforementioned trademark opposition, which concerned another brewery and chiefly raised the issue of actual customer confusion, Mackey's organization isn't even in the same marketplace. Interestingly, partially due to the explosion of craft breweries and small wineries, there has been some talk in IP circles over whether a firm distinction should be in place for similar marks being allowed in different kinds of alcohol, such as wine and beer, but Mackey doesn't even enter the conversation here because he makes juice. Not only is there no possible confusion here, there isn't any likely threat to In-Bev, which has Mackey pissed.
"I'm massively angry. You put so much work into something, and then this huge behemoth comes and does this," he said. "I couldn't believe it, and it seems this kind of thing happens a lot. There are people who have wasted tens of thousands on their business before this happens."

Despite explaining he was selling non-alcoholic juice as part of a small social enterprise, with profits being injected into helping homeless charities, AB InBev stood firm in its position.
Delightful. More so, actually, considering the letter In-Bev sent Mackey affirmed the giant alcohol maker's right to seek cash awards in court should Mackey not back down. Because of the threat, Mackey did indeed change the name and brand of his business. It's a shame he felt the need to in order to continue doing his good works. The folks over at In-Bev must be proud.

Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: appleseed, drinks, john appleseed's, johnny appleseed, trademark
Companies: in-bev

Reader Comments

Subscribe: RSS

View by: Time | Thread

  1. identicon
    New Mexico Mark, 15 Mar 2015 @ 4:16am

    Some things hurt more than others

    Even the idea of trademarking the name of an historic American Icon (internationally no less) is hugely offensive. In-Bev is a monster in more ways than one. It owns a surprising number of beverage companies.


    I'm not a regular beer drinker, and if I have a pint, I generally prefer craft microbreweries, but I'll take special pains to avoid Budweiser. Better, I'll encourage my more party-oriented friends to do so as well. Why Budweiser? Since In-Bev/Budweiser has spent around $450,000,000 on advertising for Budweiser alone, having people jump brands is disproportionately painful.

    Another idea... maybe someone with media skillz could make a (CGI) video of a Clydesdale stomping on a puppy. Include a link to this article at the end. Make it appealing through dark humor, and it might go viral.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Special Affiliate Offer

Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Report this ad  |  Hide Techdirt ads
Recent Stories
Report this ad  |  Hide Techdirt ads

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it

Email This

This feature is only available to registered users. Register or sign in to use it.