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Bass Red Triangle Trademark Renewal

July 25, 2018 By Jay Brooks

bass
On January 1, 1876, the first trademark was registered in Great Britain. The story is usually told along these lines, with this from campaign, an advertising and media website, where this is part of a series on the British History of Advertising:

On the last night of 1875, an employee of the Bass Brewery was standing at the head of a queue and facing the prospect of a chilly start to the new year.

His reward was not to be the pick of the bargains at the January sales but something far more significant. Indeed, he was to be present at a moment of history in the evolution of brands in Britain.

On 1 January 1876, the new Trade Marks Registration Act was coming into effect and the staffer had been told to queue overnight outside the registrar’s office to be the first to take advantage of it.

As a result, the distinctive Bass red triangle logo is now Britain’s oldest trademark – an instantly recognisable symbol of the brand and long integral to its advertising.

It probably didn’t happen that way. There’s no evidence that it did, but nobody ever let the facts get on the way of a good story. However it happened, Bass did register trademark No. 1.

bass-logo

This account from 2013 is from the Derbyshire Life and Countryside:

So it’s curiously apt that Trade Mark No. 1 was granted right on Derbyshire’s doorstep to Burton-on-Trent brewers Bass. It officially registered the Red Triangle which adorned their extremely popular India Pale Ale. For good measure Bass also bagged Trade Mark No. 2 – the Red Diamond symbolising Burton ales, brown beers and stouts.

Legend has it that a Bass employee spent New Year’s Eve ‘queuing’ overnight outside the Registration Office so that he could be first in line when doors opened the next morning. While the story has never been verified – they may have applied by post – Bass certainly got in first. As such their Red Triangle assumed an iconic place in the history of international brand awareness.

Why they selected a red triangle remains unclear. Some say it was an age-old shipping mark. But an 1880 edition of the Derbyshire Times offered a more romantic notion: ‘A biographer playfully suggested the Bass family descended from the ancient classical deity Bassareus to whom libations were routinely offered. Bass thereafter fixed upon the notion of adopting an ancient and powerful symbol as their mark. They settled upon Egypt’s “Great Pyramid” drenched in a burning sun. The Red Triangle was thus conceived.’

That’s wonderfully seductive but almost certainly entirely fanciful. ‘Good stories’ aside, the Red Triangle and appended Bass signature came to distinguish the company’s most cherished product. The signature also made it the world’s first ‘script logo’ – a device since adopted by Coca-Cola and countless others. These signed ‘logos’ (from the Greek logos for ‘word’) were thought to carry extra weight in fully authenticating the product. That concept of ‘branding’ merchandise was an ancient one. Blacksmiths who made swords in the Roman Empire are considered among the first users of trademarks. Others followed suit to indelibly identify their goods. This naturally led to fraudulent imitation. But centuries elapsed before the first trade mark legislation was introduced – by a 1266 Act of Parliament all bakers were required to use a distinctive mark for the bread they sold.

Disputes continued to arise but not until the late 19th century did comprehensive modern trade mark laws emerge. France was first to fully address the issue in their Manufacture and Goods Mark Act of 1857. By then Bass were already the leading supplier of beer to the overseas market, while at home their products were an absolute watchword for quality. Indeed the very word ‘Bass’ was almost a generic term for ‘beer’ itself – the poet Tennyson when visiting the Great Exhibition of 1851 asked ‘can one get a decent bottle of Bass here?’

Below is a “1890s renewal contract of the Red Triangle trade mark shows the historic first registration date 1st January 1876.” This renewal document was signed July 25, 1890, so that’s why I’m posting this today (in case you were wondering). It’s quite interesting to see.

bass-tm-renewal-1890

It has certainly been a successful logo, and was almost from the beginning. Check out this testimonial by James Hogg from his 1884 book, “Fortunes Made in Business:”

It is no extravagant assertion to say that throughout the world there is no name more familiar than that of Bass. A household word amongst Englishmen, it is one of the first words in the vocabulary of foreigners whose knowledge of the English language is of the most rudimentary description. There is no geometrical figure so well known as the vermilion triangle which is the Bass trademark. It is as familiar to the eye as Her Majesty’s visage on the postage stamps. It would indeed be a difficult task to say in what part of the earth that vivid triangle does not gladden the heart of man.

bass-pale-ale-vintage-label

Filed Under: Beers Tagged With: Advertising, Beer Labels, England, Great Britain, History, Law, Trademark

Bass Vs. Cooke Brewing Co.

August 13, 2015 By Jay Brooks

tm
It seems many people think that trademark disputes are a new phenomenon, because in the age of social media and the twenty-four news cycle, everything is news, but they’re actually nothing new. Trademark disputes have been going on as long as the very concept of a trademark existed, it’s just that they used to happen mostly out of the glare of the public, and instead quietly wound their way through court documents and appearances before special tribunals created to adjudicate these specific types of disputes.

I, myself, was involved in one as the beer buyer for Beverages & more, when an East coast brewery objected to one of our private label beers. Few people know about it, because even as recently as the late 1990s, when this took place, such disputes were mostly private matters. Personally, I think that’s how it should be, because trademark is a highly technical, arcane subject, which I think is better left to experts in the field. I also think trademark law could use some updating to better reflect the real world we find ourselves in today, but that’s an argument for another day.

My point here is only that trademark disputes are old hat. A few days ago, I stumbled on one from around 1893, when the makers Bass Ale sued a Chicago brewery — the Cooke Brewing Co. — for trademark infringement. I couldn’t find out very much information about the Cooke brewery, but “One Hundred Years of Brewing” (originally published in 1903, and reprinted in 1974) includes this summary:

Cooke-Brewing-history

Apparently, in 1893, when the World’s Columbian Exposition (a.k.a. The Chicago World’s Far) took place in Chicago from May to October of that year, “Cooke Brewing Company created a display to advertise its beer. The bottles, however, were labeled with remarkable similarity to those used by Bass.” Not surprisingly, Bass sued for relief in the US Circuit Court Northern District of Illinois. While many trademark disputes are open to debate in which reasonable people may have a difference of opinion, I don’t think this is one of those cases. I think you’d be hard pressed to find anyone not employed by the Cooke Brewing Co. who didn’t believe this was one of the most clear cut examples of trademark infringement in the annals of history.

Online records, as far as I can tell, don’t go back far enough to see how this case started and progressed. The only reason the final ruling is out there, is because someone at the National Archives in Chicago came across this and decided to share it on their website and Facebook page. But take a look below at the two beer labels and see for yourself. It’s hard to believe it got this far, and Bass had to file a lawsuit at all to stop the Chicago brewers. I guess they really thought they could get away with using a red triangle on their label.

Bass-v-Cooke-1 Bass-v-Cooke-2

Filed Under: Beers, Breweries, Editorial, Just For Fun, Politics & Law Tagged With: History, Law, Trademark

Wine vs. Beer, Big vs. Small, More Trademark Woes

January 17, 2015 By Jay Brooks

cambria
Opened in 2012, the tiny Cambria Beer Co. is located in the equally small town of Cambria, described more as a “seaside village,” boasting about 6,000 residents. It’s located along Highway 1, in San Luis Obispo County, midway between San Francisco and L.A.

The brewery uses a small 3bbl brew sculpture system, and operates a small tap room on Cornwall Street. They offer a wide variety of beer styles, continually rotating. A recent list included five on, with two in the fermenters and three more scheduled right behind those. Beers sell out quickly, but they try to keep up. Owners Aaron and Jennifer Wharton decided that since they were the only brewery in town, that Cambria Beer Company was the right name for their decidedly local enterprise.

cambria-beer-company

Not everyone agreed. The Jackson Family Farms is best known for Kendall-Jackson wine, but that’s just one of the more than a dozen wineries that they own. Another one of their labels is Cambria Estate Winery. So you’re probably thinking that makes sense, probably located right down the street. Nope. To get to the Cambria Estate Winery from the brewery, you’ll need to head south on Highway 1, then pick up Interstate 101 at the junction in San Luis Obispo. Drive south to Santa Maria, turn left in downtown and drive west out of town to the winery. All told, it will take you about one hour and twenty minutes to get there, because it’s nearly 80 miles away outside the town of Santa Maria, which is even in a different county (Santa Barbara County), too.

I first saw this on Grub Street, but the local newspaper, The Cambrian, naturally has the most complete account in When is Cambria not in Cambria? Apparently, the Whartons have been trying to negotiate to keep their name since they received the C&D letter from KJ’s lawyers on New Year’s Eve.

Unfortunately, as I understand it, when it comes to trademark law, alcohol is alcohol; they’re in the same class of goods as far as trademark is concerned. This is hardly the first time this has happened. Another small brewery in the Bay Area had to add a letter to their name because a spirits company was using the original spelling. A San Francisco brewery not long ago had to change the name of one of its beers, because there was a rum of the same name.

So there is some precedent here, it’s not totally out of left field. The Cambrian author wonders if every business in Cambria using Cambria in their name should be worried, rightly concluding no. But the fact that the winery is so far from the town and they serve largely a different demographic makes it not so cut and dry. A commenter on Reddit who claimed to be close to the parties involved mentioned that the brewery’s attorneys believed they had a strong case, but the $50,000 (minimum) price tag to fight it was too much for them, as it would be for almost any small company. So the brewery did what most people would in this situation, and decided to change their name. Last week, they posted that decision on their Facebook page, asking fans and customers to help them come up with a new name by leaving a comment. They’ve had a lot of suggestions so far, including several funny ones.

I’m starting to think that trademark law may need some modification. Clearly, alcohol is not alcohol anymore. Maybe there was a time when that made sense, but I think most of us can agree that we can tell the difference between beer and wine. And it seems to me geographic truth should trump whatever reason this winery is using a name that has nothing to do with where it’s located. I seem to recall another trademark case where the Boston Beer Company (Samuel Adams) sued Boston Beer Works and lost, the court ruling that “Boston” was too generic a term, ditto “beer.” Komlossy Law has a nice overview of the case, if you’re interested in learning more. And those were both beer companies, so it does seem like Cambria Beer might have had a decent shot at keeping their name. Still, you have to understand not wanting to spend a fortune going to court on an uncertain result. As we learned in “War Games,” sometimes “the only winning move is not to play.” If nothing else, I hope we can all support whatever new name they decide on and stop by and spend our money there the next time we drive by on our way to or from Los Angeles or the Bay Area. Success is always the best revenge.

Filed Under: Breweries, Editorial, News, Politics & Law Tagged With: California, Law, Trademark

Beer Industry Trademark Concerns

July 16, 2013 By Jay Brooks

tm
Boston attorney Shannon Sadowski, founder of New Leaf Legal, wrote an engaging piece for the Boston Globe on trademark concerns that craft breweries will be facing as more and more brands emerge in the growing market. These disputes aren’t going to go away, and I’m always amazed by all of the naked ignorance of IP law on display anytime one these disputes rears its ugly head. Before the 24-hour news cycles and the internet, these controversies existed largely in back rooms out of the public eye, where — I believe — they belong. But until I finish building the time machine, “progress” marches on and these disputes are now part of the public brewing world landscape. Any-ha-who, her article, Trouble brewing: fierce competition for beer industry trademarks, is a good overview of the challenges breweries are facing, and even includes a link to Scott Metzger of Freetail Brewing’s wonderful response letter to a trademark dispute. Read it, and be prepared for the next trademark dispute, coming any day now to a brewery near you.

TM-beer

Filed Under: Beers, Breweries, Politics & Law Tagged With: Law, Trademark

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