Once upon a time, Vermont copyright infringement casestended to originate with out-of-state conglomerates — think Chick-fil-A versus Eat More Kale or Monster Energy Drink versus Rock Art Brewery.
Maybe it was inevitable that a Vermont brand would get big enoughto feel the need to defend its trade name against its smaller, in-state brethren.So it is with Vermont Hard Cider Company, makerof Woodchuck Hard Cider, which last week filed acomplaint in U.S. District Court seeking monetary damages against the owners ofSouth Burlington’s Woodchuck Coffee Roasters.
In the complaint, Vermont Hard Cider — which is registeredin Delaware but has its headquarters in Middlebury — is described as havinginvested a “substantial” amount of money in building the brand name it has heldsince 1991, and trademarked in 2001. Not only do the name and furry rodent — holding an apple — adorn its cider bottles, but theyappear on licensed products as diverse as key chains, playing cards, lip balm,umbrellas, suspenders and even “hydropacks,” according to the complaint — a testament to just how vertical brands can be these days.
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Mr. Basiliere should hire an experienced intellectual property lawyer and stop talking to the press immediately. The reporter should have consulted a trademark lawyer to accurately frame the dispute. There’s no story here beyond people going into business without doing basic research. The Woodchuck Cider trademark (with woodchuck logo) was filed in 1991 and is highly visible at retail throughout the state. (How do I know that? Took 3 minutes to search it on the Internet.)
Well said, and agreed.
I hope the actual Vermont company wins out over the Irish posers. Woodchuck is a term that describes native Vermonters; it’s like trademarking the term “Vermonter.”