Thoughts on Intellectual Property and Beer

As you’ve no doubt heard, the Swiss Austrian energy drink company and extreme sports patron Red Bull filed a complaint with the US Patent and Trademark Office against Ashburn’s Old Ox Brewery, alleging that two brands whose images include animals from the same biological subfamily – bovinae, in this instance – could lead to consumer confusion. Under this rationale, Wilkes-Barre, PA’s Lion Brewery, maker of Lionshead, and Singapore’s Tiger Beer would be in conflict with each other as both fall under the subfamily pantherinae.

Red Bull’s lawyers, it seems, are concerned that unwitting customers seeking a can of caffeine- and taurine-infused beverage might inadvertently purchase a bottle of beer. The encounter would presumably sound something like this:

Patron: Excuse me, may I please have a bovine-themed liquid?

Bartender: Of course, here you are.

Patron: Is this a glass of beer?

Bartender: Why yes, it’s an Old Ox porter, just as you requested.

Patron: But I wanted a Red Bull Wild Cherry