Fullers Threatens To Sue Swedish Microbrewery Over Use Of "esb&qu

[Count Vorlauf]

This article via BeerSweden caught my eye. Fullers is threatening to sue over use of the term "ESB" which it claims to have invented in 1971 and has trademarked in the UK and Europe. Reminiscent of DB Brewery's threats over "radler" and "summer ale". Wonder if their lawyers will come gunning for Australian or US ESBs next?



Fullers threatens to sue Swedens Sigtuna Brygghus
Posted on02 mars 2010.

London-based brewer Fullers has threatened to sue Swedish microbrewery Sigtuna Brygghus if it doesnt drop the acronym ESB from its ESB Extra Sigtuna Bitter.

Fullers, whose ESB (Extra Special Bitter) brand is considered the very definition of the style around the world, apparently doesnt believe that imitation is the best form of flattery and have asked Sigtuna to immediately drop the abbreviation from bottles of their new beer now available to order from the Swedish alcohol monopoly stores.

Reacting to the news Sigtuna Brygghuss founder Peter Forss said: Yes we have received a letter from Fullers. Our ambition is to produce great beer and not to fight with the big players. We simply dont have the resources. They claim that they own the abbreviation ESB and so well respect that and will remove it from our own bottles.

BeerSweden is currently trying to contact Fullers for a comment.





Sigtuna ESB Fullers Responds
Posted on05 mars 2010. Tags: Extra Sigtuna Bitter, Fuller's

A few days ago BeerSweden broke the news that UK brewery Fullers had threatened legal action against Swedish microbrewery Sigtuna Brygghus unless it removed the acronym ESB from bottles of its ESB Extra Sigtuna Bitter.

BeerSweden contacted Fullers to ask for their side of the story and the brewerys Export Controller Michael Campbell-Lamerton issued the following statement:

Fullers first launched ESB in 1971 and the beer has become a classic both in the UK and in our export markets. Fullers has owned this trademark in both the UK and Europe for many years and naturally, the company will seek to protect it.

We are grateful to Sigtuna Brygghus for their co-operation in this matter and wish them luck with the beer, whatever alternative name they choose to use.

 

[Scruffy]

Suppose I made a car and i called it Prius and it was a shit car, I'm not sure Toyota would appreciate the bad associative publicity... so I can see the argument. HOWEVER, this kind of behaviour must be nipped in the bud.

Some words Fullers may litigate against - watch out...

Pride
Discovery
Porter
Golden
Reserve
HSB - though neearly a bank ...HSBC
Festival
Bengal Lancer - see how they avoided a head on with Mitsubishi?

We live in a truly fucked up world...

 

[bum]

The only thing that makes me not entirely inclined to agree with the above is that another brand is trying to make their own name synonymous the style by sneakily including their name in a trademark owned by another company. Fuller's have only gone one brewery using the ESB trademark - and certainly not the one that would be making the most money from it. I think they have something of a case here.

 

[Bizier]

Watch out Barons
And all of the Hargreaves Hills et al currently making hoppy pale ales in Aus.

 

[winkle]

Watch out Barons
And all of the Hargreaves Hills et al currently making hoppy pale ales in Aus.

Nup, the slackers haven't trademarked it here apparently (or the States). They would be the ones getting sued in USA .

 

[Bribie G]

The UK beer market is full of acronyms, such as Brain's SA (Special Ale), Wadworths 6X etc. And what if Fosters were to bring out a



I think there would be something said.

 

[hefevice]

Nup, the slackers haven't trademarked it here apparently (or the States). They would be the ones getting sued in USA .

Yep, I reckon the only reason they are getting away with it is that Sweden now falls under the jurisdiction of the European courts (which will recognise UK Trademarks).

In the US, we already have Alaskan ESB, Anderson Valley Boont ESB (great name), Avery 14'er ESB, and Redhook ESB. And that is just from the BJCP style guides.

I suspect that Mountain Goat are lucky that Fritz Maytag hasn't registered "Steam Beer" in Oz.

Seems that some clever ******* has registered "Steam Ale" though http://pericles.ipaustralia.gov.au/atmoss/...mp;p_rec_all=29 ...look out Mountain Goat!

 

[dgilks]

I suspect that Mountain Goat are lucky that Fritz Maytag hasn't registered "Steam Beer" in Oz.

Seems that some clever ******* has registered "Steam Ale" though http://pericles.ipaustralia.gov.au/atmoss/...mp;p_rec_all=29 ...look out Mountain Goat!

Yes, but Steam Ale was released late last year while that trademark was registered in January 2010. The Mountain Goat beer precedes the trademark and would be allowed to coexist.

 

[Bribie G]

Precedents: Woolworths got sneakily registered here, nothing to do with FW Woolworths of USA and UK. Which have since closed down haha. Also Burger King got registered by some joker in Perth decades ago, hence Hungry Jacks. And when Burger King got the name back about ten years ago they opened a few stores (Bondi Burgers etc - got stuck in a BK branch at Cabramatta years ago when there was a big pile up at the traffic lights and gridlock for an hour) - Aussies didn't want them so they all reverted to Hungry's branches :lol:

 

[bconnery]

Precedents: Woolworths got sneakily registered here, nothing to do with FW Woolworths of USA and UK. Which have since closed down haha. Also Burger King got registered by some joker in Perth decades ago, hence Hungry Jacks. And when Burger King got the name back about ten years ago they opened a few stores (Bondi Burgers etc - got stuck in a BK branch at Cabramatta years ago when there was a big pile up at the traffic lights and gridlock for an hour) - Aussies didn't want them so they all reverted to Hungry's branches :lol:

My understanding is that this not strictly true. He was allowed to use the trademark, he had a deal with Burger King, obviously made when they thought Australia wasn't a market they would want.
When BK decided to enter the market he took them to court and won, that's why they closed down.
At least that's the way I understood it...

On topic my reading on this subject leads me to have not found any instances of the term ESB pre Fullers. While the style may have existed the abbreviation doesn't appear to have, so Fullers could and has had the trademark since the 70s.

I'd love to be proved wrong on this so if anyone has any more information...

 

[Count Vorlauf]

Nup, the slackers haven't trademarked it here apparently (or the States). They would be the ones getting sued in USA .

Maybe I'm reading this wrong, but a look at the Australian trademark registry indicates that Fullers has registered ESB here in Australia. Hmm...

Word: FULLER'S ESB EXPORT EXTRA SPECIAL BITTERImage: GRIFFIN ON SCROLL ON CIRCLE,TRIPLE, DIVIDED BY RECTANGLE; RECTANGLE,CONVEX-SIDES ON CIRCLE; COINSLodgement Date: 04-DEC-1989Registered From: 04-DEC-1989Date of Acceptance: 27-MAR-1992Acceptance Advertised: 16-APR-1992Registration Advertised: 24-SEP-1992Entered on Register: 07-SEP-1992Renewal Due: 04-DEC-2016Class/es: 32Status: Registered/ProtectedKind: n/aType of Mark: Compositehttp://pericles.ipaustralia.gov.au/atmoss/...;p_rec_all=153#EndorsementOwner/s:Fuller Smith & Turner P.L.C. Griffin Brewery Chiswick Lane South Chiswick London W4 2QB UNITED KINGDOM
Address for Service:SPRUSON & FERGUSON GPO Box 3898 SYDNEY NSW 2001 AUSTRALIA
Goods & Services

Class: 32 Beer, ale, lager and porter

Endorsements: <A name=ENDORSEMENT524615>In use the description EXTRA SPECIAL BITTER appearing in the mark is varied in accordance with the application of the mark to other goods comprised in the specification* Registration of this trade mark shall give no right to the separate exclusive use of the letters ESB and the words FULLER'S and EXPORT* The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.*

 

[Fourstar]

Registration of this trade mark shall give no right to the separate exclusive use of the letters ESB and the words FULLER'S and EXPORT* The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.*

"Shall give not right to the seperate exclusive use"

Does this mean any local beers branded as "XYZ BREWERY - ESB" being a TM infringement? If so, it looks like a few local breweries could be in some trouble If fullers come knocking on their doors.

Its almost becoming a protected designation of origin by the looks of things. Looks like BJCP need to change the style name!

 

[bum]

I think you guys are being deliberately paranoid. Fullers have only asked one brewery not to use their trademarked property. One brewery. Are you suggesting that this is the only beer in that part of the world that uses 'ESB'? No. It may very well be the only brewery that is trying to subvert the meaning of that trademark by making one of the letters their own brand name. It is cheeky bullshit and they should be told to pull their heads in.

 

[Snow]

I think you guys are being deliberately paranoid. Fullers have only asked one brewery not to use their trademarked property. One brewery. Are you suggesting that this is the only beer in that part of the world that uses 'ESB'? No. It may very well be the only brewery that is trying to subvert the meaning of that trademark by making one of the letters their own brand name. It is cheeky bullshit and they should be told to pull their heads in.

I definitely agree with you there, Bum. Can't blame Fullers for going them, I reckon.

- Snow

 

[bconnery]

I think you guys are being deliberately paranoid. Fullers have only asked one brewery not to use their trademarked property. One brewery. Are you suggesting that this is the only beer in that part of the world that uses 'ESB'? No. It may very well be the only brewery that is trying to subvert the meaning of that trademark by making one of the letters their own brand name. It is cheeky bullshit and they should be told to pull their heads in.

The issue at stake is whether Fuller's should be allowed to.
As I said before I haven't found any evidence to say that they didn't invent the abbreviation, and were therefore within their rights to trademark it and stop other people from using it.

I've actually had a bit of a search on a few sites and I'm finding it hard to find any beers from the UK or Europe that use ESB in their name.
Loads from the US and a few from here, but not Europe.
Happy to be proved wrong though.

I'd like it not to be the case that Fuller's owns ESB but if they invented the term then that's their right...

 

[dgilks]

"Shall give not right to the seperate exclusive use"

Does this mean any local beers branded as "XYZ BREWERY - ESB" being a TM infringement? If so, it looks like a few local breweries could be in some trouble If fullers come knocking on their doors.

Its almost becoming a protected designation of origin by the looks of things. Looks like BJCP need to change the style name!

No, it means that you can use the letters "ESB" so long as you don't combine them with terms like "Fuller's", "Extra Special Bitter" or "Export". Names like "Baron's ESB" and "Holgate ESB" should be fine. The problem in the Swedish case is that a different European law applies and their trademarks may well be more broad.

 

[lukiep8]

I call bollocks. ESB is a style, and thus you can't pre-register it.

Exactly how DB and Monteiths somehow got away with Radler in New Zealand (even though Monteiths Radler isn't even a Radler). Then they tried to trademark Saison.

Just bullshit.

 

[dgilks]

I call bollocks. ESB is a style, and thus you can't pre-register it.

Exactly how DB and Monteiths somehow got away with Radler in New Zealand (even though Monteiths Radler isn't even a Radler). Then they tried to trademark Saison.

Just bullshit.

There is a significant difference between Fuller's claim to use ESB and Monteith's claim to use Radler and Saison. Fuller's gave the name to the style, there was no 'ESB' names as such until Fuller's gave it the name. It is comparable to people calling tissues 'Kleenex' and vacuum cleaners 'Hoovers'. On the other hand, Monteith's simply took established style names from overseas and claimed them as their own. So, because ESB (the style name) developed from ESB (the beer name) it is fair for them to trademark it.

 

[Wolfy]

Interestingly it appears that Wyeast Labs have "London ESB Ale" trademarked: http://www.wyeastlab.com/hb_yeaststrain_detail.cfm?ID=22
They're in the USA, so are most likely not covered by Fullers UK/Europe trademark.

 

[browndog]

hence forth competing breweries should name their bitters SSBs for Super Special Bitters and SDSBs for Super Duper Special Bitters. What a mob of wankers, the BJCP should wipe their style from the guide.

cheers

Browndog