Austin brewer settles trademark dispute with craft beer giant

We are glad to see that after a long battle, a resolution is reached. While the resolution may hint at a winner, both sides went to great lengths and costs that could have been avoided or at least minimized. Time to move on...

Texas accounted for 20.1 million of the 205.4 million barrels of beer shipments nationally, eclipsing Colorado's 3.6 million barrels, said Bart Watson, chief economist with the Brewers Association, a national group that promotes independent breweries. In the U.S., whoever is first to use a product name takes priority over whoever files first for a trademark, which Moon said can generate territorial issues. Since Oasis didn't have a federal trademark, its rights only extend where its market exists: Oasis Texas was able to prove first use of the Slow Ride name, but it was being sold in major metro markets only in Texas. [...] the agreement limits Oasis' sales under the Slow Ride name to within Texas, and if the beer is sold in other states, Oasis must do so under a different name.

Source: Austin brewer settles trademark dispute with craft beer giant