According to Pennlive.com, two independent Pennsylvania breweries are fighting it out in the U.S. Patent and Trademark Office, with Troegs Brewing Co. filing a trademark cease-and-desist order against Bethlehem Brew Works.
Troegs’ Mad Elf Ale, which is ubiquitous around the Christmas season in Pennsylvania, claims that Bethlehem Brew Works’ Rude Elf’s Reserve is likely to cause confusion among beer drinkers. Bethlehem didn’t trademark the name until 2006, two years after Troegs’ first trademark on the Mad Elf name appears at the Patent and Trademark Office.
The confusion, according to Troegs, is due to the “adjective” elf-naming convention, and the fact that in 2010, Bethlehem began expanding the sales of its holiday ale into the same stores as Mad Elf. Both beers are seasonal, high-alcohol-content holiday drinks and both, of course, feature an elf prominently on the label.
Bethlehem denies all of the brewery’s allegations in response to Troegs’ petition. Jeff Fegley, president and owner of Fegley Brew Works, which owns Bethlehem Brew Works, said that Troegs was seeking to “monopolize the world ‘elf’ in advertising its beer.”
“We do not think the law recognizes such exclusivity,” he said.
