Trademark Similar Company Name Across Different Beverage Industries

[Birch Grove]

Jurisdiction

Wisconsin

Hi, I am planning to start a craft beer company with the name "Waves Brewery" or "Waves Brewing". I see that there is an alcoholic cider company with the name "Waves Cider Co." The cider company was started by the owners of Logboat Brewing, and so there is little chance that Waves Cider Co. will ever branch into making craft beers down the road. I am in Wisconsin, they are located in Missouri.

Would there be any trademark infringement between my brewery and their cider company? Should I avoid this name for any future infringements? Any help you can provide would be greatly appreciated. Thanks!

 

[Zigner]

If I saw "Waves Brewing" and "Waves Cider", I would think they are related. Since these laws revolve, in essence, around "consumer confusion", you may indeed have a problem.

 

[flyingron]

Company names only have to be unique within the state they are registered and then even minor differences are all that is necessary.

If the company name is used as a trademark, then you have a problem. I agree with Zig, Waves used for hard cider is likely going to be arguably confusing with it applied to beer.

 

[adjusterjack]

I don't think there would be any infringement since each company apparently operates a location in its own state. It's unlikely that a customer of one would even be a customer of the other

 

[flyingron]

If they sold only to walk-in customers, I might agree, but if there is retail sales, there's a possibility of market overlap and confusion.

 

[adjusterjack]

Selling to walk-in customers is retail.

If you meant selling nationally through advertising I agree that there could be an issue.

 

[Tax Counsel]

I don't think there would be any infringement since each company apparently operates a location in its own state. It's unlikely that a customer of one would even be a customer of the other

The problem here is that one wants to think ahead. Even if the market for the OPs product would be very limited starting out and he or she wouldn't think that the two products would be marketed in the same area, if he or she has any aspirations at all of making it big with this business then it is best to pick a name that won't conflict with other brewing or distilling companies.

 

[zddoodah]

There are MANY factors that courts consider in trademark infringement cases. You've given us information about only a couple of those factors (along with some speculation about another). The information provided does not permit any sort of intelligent response. I'd suggest that you confer with an attorney before proceeding.