Comrade Brewing Registers 'Superpower' Trademark After TTAB Rules Beer and Fruit Juice Not Related
The TTAB ruled that Comrade Brewing could register its “Superpower” as a trademark for beer, shooting down a challenge filed by the company behind POM Wonderful and Fiji Water.
DENVER, CO— On Thursday, August 2, the Trademark Trial and Appeal Board (TTAB) ruled that Comrade Brewing Co. LLC could register its “Superpower” as a trademark for beer, shooting down a challenge filed by the company behind POM Wonderful and Fiji Water. This came with the ruling that consumers will not confuse a juice called “Antioxidant Superpower” with a beer called “Superpower,” rejecting the argument that the two types of beverage were closely related for trademark purposes.
In past cases, the board has held that wine and spirits are closely related to beer in the minds of consumers, but it said The Wonderful Co. had failed to show that a soft drink such as fruit juice had the same kind of connection. “Simply put, opposer has not submitted sufficient evidence that consumers are accustomed to encountering these goods under the same mark,” Judge Peter W. Cataldo wrote for a three-judge panel.
Comrade Brewing has been brewing its flagship Superpower IPA since they opened in 2014, and have since won silver medals at the 2014 and 2015 Great American Beer Festival® for their wet-hopped versions of this beloved Colorado IPA.
The Wonderful Co. uses “Antioxidant Superpower" as a slogan for its POM Wonderful pomegranate juice. It has had the phrase registered as a federal trademark for fruit juices since 2003.
“Particularly in light of the differences between the goods but also because the two marks had key differences in appearance,” Cataldo wrote, “the board sided with Comrade Brewing.”
"The result is what we expected and contended from the start," explains Comrade Brewing owner David Lin. "We're pleased with the result and appreciate the passion and efforts of our lawyers at beerattorney.com in defending this matter."
Comrade Brewing has filed for the ‘Superpower’ trademark with the United States Patent and Trademark Office and is currently waiting for approval.
“Operating this brewery has thrown us a lot of curveballs,” explains Lin. “If I’m being completely honest the potential confusion between antioxidant juice and craft beer was more surprising to me than the day someone crashed their truck through our front door. We’re going to laugh this one off over a couple of Superpowers.”
Superpower IPA is an American IPA with loads of Pacific Northwest hops that lend huge pine and grapefruit hop aroma and citrus flavors. Its bitterness is balanced with a crisp, light malt character. Superpower is on tap year-round at the Comrade Brewing tasting room.
For more information about Superpower IPA, or with questions about this TTAB ruling, email contact@comradebrewing.com.
ABOUT COMRADE BREWING
Launched in 2014 by David Lin and Marks Lanham, Comrade Brewing is often noted as one of Denver and Colorado’s masters of the India Pale Ale style, home of the flagship Superpower IPA. Comrade also brews the World Beer Cup® winning Yellow Fever Chile Beer, the Koffee Kream Extra Coffee Milk Stout, and the Redcon Irish Red Ale year-round, as well an array of rotating seasonals and lots of collaboration beers with fellow brewing companies. Comrade’s trophy case now sports silver medals from the 2014 and 2015 Great American Beer Festival® and a 2016 World Beer Cup® gold award, among others. Find the brewery online at comradebrewing.com.
ABOUT BEERATTORNEY.COM
Beerattorney.com is a Drumm Law brand, focusing on meeting the legal needs of craft breweries, including trademarks, business law, distribution, licensing, among other areas. Learn more about the Beer Attorneys at beerattorney.com.
Thirsty Monk and Baere Brewing Collaborate on Grisette Project
The first beer of a Grisette collaboration between Thirsty Monk and Baere Brewing Co. will release at Thirsty Monk’s Denver brewery this week.
Baere Brewing Co-Founder Ryan Skeel (left) and Thirsty Monk Head Brewer Brian Grace sample their Grisette collaboration
DENVER, CO — The first beer of a Grisette collaboration between Thirsty Monk and Baere Brewing Co. will release at Thirsty Monk’s Denver brewery this week.
Earlier in May, Thirsty Monk and Baere Brewing created a Grisette using early spring chit malt with Landrace hops and Dandelions picked fresh from the grassy areas around Thirsty Monk’s Uptown neighborhood before adding them to the kettle. Two weeks later the Thirsty Monk and Baere teams brewed the same recipe on Baere’s brewhouse on South Broadway and blended it with a few barrels of the original batch. This beer will age in fourth-use Cognac barrels that have also held Laws Whiskey until it tastes tart and delicious. Thirsty Monk will tap its fresh and dry hopped version of this beer this week.
“A grisette, in essence, is like a saison— at least the saisons that we and Thirsty Monk enjoy drinking: low alcohol, dry finishing,” says Kevin Greer, Co-Owner at Baere.
“At Thirsty Monk we put a spotlight on how great food and beer can pair together and even have a gold medal-winning Table Beer to show for it,” says Head Brewer Brian Grace. “I wanted to expand on the sessionable and refreshing beer styles we offer that pair well with food and I have always been a fan of Baere’s ability to pull off such big flavor in a small format. I am excited to be able to offer two very different versions of Grisette, one young, fresh and hop forward and one aged in oak for a tart, refreshing and complex beer making two different food pairings.”
Grisette is a beer style originally brewed in Belgium’s Hainaut province— traditionally with spring chit barley malt and malted wheat and a prominent hop profile. It’s a sessionable style that pairs well with just about anything at the table.
The Cognac barrels, where Baere Monk is currently aging, first housed this beer during its fermentation. It will be available in bottles at Baere in coming months.
For more information about this collaboration, contact Emily Hutto at coop@radcraftbeer.com.
ABOUT THIRSTY MONK
Founded in 2008 Thirsty Monk currently operates four locations in Asheville, North Carolina including Thirsty Monk Downtown, Thirsty Monk Biltmore Park, Top of the Monk Craft Cocktail Bar, Brother Joe’s Coffee Pub, as well as its newly renovated Portland, OR location and its Denver brewery and tasting room where the bulk of its brewing operation occurs. Find the company online at monkpub.com.
ABOUT BAERE BREWING CO.
Founded in 2014, Baere Brewing is a small 2.5 Barrel Brewhouse proudly residing in a strip mall in the Baker District of Denver, Colorado. Baere’s love for all styles of beer is reflected in their tap and bottle list. Everyone can find something they love ranging from Saisons to IPAs to Barrel Aged Sour beer. Baere is committed to supporting local products, sustainable solutions, community endeavors, and all around good time. Find them online at baerebrewing.com.
Denver’s Thirsty Monk Brewery To Open Monday, Launch Food Flights
Thirsty Monk offers six Food Flights sourced from Uptown neighborhood restaurant partners.
photo by Colin Bridge
DENVER, CO— Thirsty Monk, brewer of Belgian-Rooted Modern Ales and operator of world-recognized craft beer bars, opens its greatly anticipated Denver brewery and tasting room Monday in City Park West.
This Denver opening comes with the launch of Thirsty Monk’s Food Flights, selections of small, snack-sized portions expertly curated by Certified Cicerones® to pair perfectly with your chosen beer style. Thirsty Monk offers six Food Flights— Belgian, Light, Medium, Dark, Sour, and Hoppy— in an elevated box lunch-style presentation that includes four food items (a protein, a cheese, a grain, and a preserve) sourced from Uptown neighborhood restaurant partners, including Humboldt Farm, Fish, Wine; Patxi's Pizza; Jack's Uptown Grille; and Olive & Finch.
On draft currently are Thirsty Monk’s flagship lineup of Belgian-Rooted Modern Ales that includes Abby Blonde, Past Life Amber Ale, Screaming Monk IPA, Clever Monk Saison, Wiser Monk Table Beer, and Easy Gose among others. Thirsty Monk Head Brewer Brian Grace, based in Denver, has been helping connect the Colorado and Asheville craft beer magics to further elevate Thirsty Monk’s quality beer offerings, and is hard at work designing the brewery’s new upcoming sour and barrel-aged programs.
“There is a such a strong Colorado - Asheville connection bound by beer. As several Colorado breweries have chosen to make the Asheville area their second home, Thirsty Monk is thrilled to be the first North Carolina brewery to make Colorado its second home. And Denver’s City Park neighborhood now truly does feel like my personal second home. This is absolutely where I would live,” says Barry Bialik, Thirsty Monk CEO.
Thirsty Monk is located in the former Deep Draft Brewing space along Restaurant Row at 1604 E 17th Avenue. The brewpub will celebrate its grand opening on Monday, March 26 at 4pm. Regular hours will be Monday - Thursday 4pm to midnight; Friday - Saturday noon to 1:30am; and Sundays noon to 10pm.
For more information about Thirsty Monk contact Emily Hutto at coop@radcraftbeer.com.
ABOUT THIRSTY MONK
Founded in 2008 Thirsty Monk currently operates four locations in Asheville, North Carolina including Thirsty Monk Downtown, Thirsty Monk Biltmore Park, Top of the Monk Craft Cocktail Bar, Brother Joe’s Coffee Pub, as well as Bazi Bierbrasserie in Portland, OR and now its Denver brewery and tasting room. Find the company online at monkpub.com.