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Update: Stone Brewing v. MillerCoors – Answer and Counterclaims

By Tucker Chambers on April 12, 2018
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A couple months ago, I posted about the contentious trademark battle involving Stone Brewing Co., a craft brewery based in California, who filed a trademark infringement complaint against giant beer conglomerate MillerCoors LLC and Molson Coors Brewing Co. (“MillerCoors”). The complaint is based on the recent rebranding of the MillerCoors “Keystone” beer, which separates and places greater emphasis on the word “STONE.”  Stone Brewing alleged that this rebranded packaging infringed its registered trademark “STONE” mark for beer.

A couple days ago, MillerCoors submitted an 84-page filing for its answer and counterclaims. Typically, an answer is relatively short, consisting of concise admissions or denials. But the answer here consists of 50 pages, with numerous paragraphs providing narrative, argumentative retorts aimed at Stone Brewing. Additionally, MillerCoors alleged four counterclaims, seeking declaratory judgment: (1) of MillerCoors’ right to use STONE to advertise Keystone beer; (2) of the unenforceability of the STONE mark against MillerCoors due to laches; (3) of MillerCoors’ non-infringement; and (4) of MillerCoors’ exclusive right to use the STONE mark.

MillerCoors emphasizes that its rebranded packaging does not use or infringe Stone Brewing’s “STONE” mark; rather, the full “KEYSTONE” mark is always used, and Stone Brewing’s complaint relied on “misleading images” that “misrepresent the look of Keystone cans and outer packaging,” to unduly isolate the “STONE” portion of the mark.

Furthermore, MillerCoors alleges that it made prior use of “STONE” as a nickname for its Keystone beer in its advertising since at least 1995, whereas Stone Brewing did not begin selling its STONE-branded beer until 1996.

MillerCoors also contends that Stone Brewing should not be allowed to enforce its STONE mark against MillerCoors after unreasonably waiting eight years to file this lawsuit, following a demand letter sent by Stone Brewing back in 2010, after which Stone Brewing took no further action.

Beyond the relevant legal points, MillerCoors also offers several rhetorical attacks, in an attempt to counteract the big-beer vs. small-brewing narrative of the complaint. MillerCoors contends that Stone Brewing’s “grandiose” allegations are “misleading and ultimately meritless,” and that the lawsuit is merely a “publicity stunt and a platform to market its beer.” MillerCoors suggests that the lawsuit was really about “Stone Brewing’s struggle with its new identity as a global mega-craft beer manufacturer. Gone is the small Stone Brewing of old. Today, Stone Brewing is one of the largest breweries in the United States and its beer is sold on five continents…. What does a company that was built around its opposition to ‘Big Beer’ do when it becomes ‘Big Beer?’ Stone Brewing’s solution appears to be to file this meritless lawsuit against MillerCoors.”

That may sound harsh, but then again, this pushback shouldn’t be a surprise in light of the aggressive criticism throughout Stone Brewing’s complaint, as discussed in my previous post.

For all of MillerCoors’ attacks of Stone Brewing’s “publicity stunt,” the same label could be applied to the answer and counterclaims, which appear to focus on developing a counter-narrative and managing public perception, in light of the extensive rhetoric, some of which isn’t necessary or particularly relevant to the legal claims.

How do you think this one will turn out? With both sides so clearly invested in this lawsuit being about public relations, marketing, and/or a “publicity stunt,” I wouldn’t be surprised if this lawsuit settles without going very far, to avoid the significant risks of negative PR on both sides. Stay tuned for updates.

Photo of Tucker Chambers Tucker Chambers

View my professional biography

I’ve always been fascinated by brands, logos, slogans, and other creative works. I remember in my first year of middle school, asking my parents for the Adidas “three stripe” shoes to match my friends at school. And I vividly…

View my professional biography

I’ve always been fascinated by brands, logos, slogans, and other creative works. I remember in my first year of middle school, asking my parents for the Adidas “three stripe” shoes to match my friends at school. And I vividly recall various McDonald’s commercials and billboards, with the golden arches and the ubiquitous slogans, such as “We Love to See You Smile” (which, in my teenage years, changed to the allegedly hipper slogan “i’m lovin’ it”). And other endless logos and characters would intrigue me at the grocery store. I remember wondering why the little ® and © symbols were there, and what they meant—and eventually, this all led to an interest in trademarks and copyright law.

I was also drawn to intellectual property law based on my interests in technology, computers, and robotics. In my high school years, a small group of friends started a robotics team and asked me to join. We built a makeshift robot (primarily from plywood and pool noodles) and somehow ended up winning a regional competition. The following year (with a significantly more sophisticated robot), we advanced to the national championship.

My interest in practicing intellectual property law also grew through my law school courses and research work with my intellectual property professor, Ruth Okediji. In particular, one of my courses allowed me to embark on a week of extracurricular traveling to conduct pro bono work for a non-profit organization, including a visit to Tetiaroa in French Polynesia (a two-square-mile atoll, about three hours by boat from Tahiti). I worked diligently on some trademark matters, while sitting by the beach, sipping on fresh coconut water. Needless to say, that beach-side adventure set a high bar for the real-world practice of intellectual property law—but thus far I have not been disappointed.

Outside of work, I enjoy spending time with my wife and family, trying out new restaurants in the Twin Cities area (especially Italian and Latin American), playing tennis, and catching up on my favorite TV shows (current favorite: Stranger Things) or watching movies—especially spy thrillers, mind-benders, or futuristic sci-fi (all-time favorite: Inception).

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