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Looks Like a Conclusion to the Bear Republic v Central City

June 10, 2010

I came across this, a court decision regarding the Bear Republic v. Central City from June 7th – http://www.leagle.com/unsecure/page.htm?shortname=infdco20100607741

This doesn’t mean that Bear Republic still can’t still proceed, it just means they have snowball’s chance in hell of winning.

Some quotes from it if you don’t feel like reading through the whole thing.

After carefully weighing the relevant factors, the Court concludes that Bear Republic has failed to show a likelihood of success in establishing that Central City’s RED RACER mark infringes the RACER 5 or RED ROCKET marks. At best, Bear Republic has presented evidence that would permit a finding of a similarity of goods, trade and advertising channels, prospective customers, as well as a finding that RACER 5 is a strong mark. The remaining factors, in particular the similarity of the marks analysis, persuade the Court that Bear Republic would not be likely to succeed on the merits of the claim. Consideration of the marks in their entirety and the way in which a typical consumer would encounter the products in the marketplace does not support a finding of likelihood of confusion.

A finding of irreparable harm is not warranted because Bear Republic has not demonstrated a likelihood that it will suffer a loss of reputation, sales, or goodwill due to the sale of RED RACER.

For all the reasons stated, it is ORDERED that the plaintiff’s Motion For Preliminary Injunction (#18) be, and it hereby is, DENIED.

I think I’m picking up some notes of victory in my Red Racer ESB I’m currently drinking.

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4 Comments
  1. Good news! I love that Red Racer label and didn’t want to see them lose it.

  2. Thanks goodness, I was worried for Central City and for me. What would I do without Red Racer?

  3. Sanity has prevailed – I must say I wasn’t expecting a Central City victory, but I’m glad those litigious types at Bear Republic did not gain anything except the scorn of craft beer lovers (at least in Canada).

    Red Racer are one of my ‘goto’ six-packs – good value and great tasting. It would have been a great shame if anything happened to them..

  4. Bear Republic had only filed for an injuction meaning that they were only trying to stop Central City from selling beer under the name of Red Racer, and only in the state of Massachusetts. If Bear Republic did argue their case successfully then Central City would only had to have dropped the Red Racer from their labels, and again only in Mass. I believe Gary, of Central City, did say that if they if they lost they would just change it for all of America.

    Bear Republic still could make a case for lost profits, but the judge made it clear in the injunction decision that it would be more idiotic than the first lawsuit.

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