Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
Oct. 27 — A “beer aficionado and home brewer” failed to prove that MillerCoors LLC engaged in false advertising and deceptive practices by trying to pass off its Blue Moon brand as a “craft beer,” the U.S. District Court for the Southern District of California ruled Oct. 26.
Plaintiff Evan Parent said that he regularly paid a premium price for Blue Moon because MillerCoors “created the deceptive and misleading impression that Blue Moon is a ‘craft beer.' ” Parent sued MillerCoors for deceptive practices and false advertising on that basis.
Parent said that the listing of “Blue Moon Brewing Co.” as the manufacturer on the beer's packaging was deceptive, as was MillerCoors's use of the trademark “Artfully Crafted” in connection with the beer.
The court found that MillerCoors had registered Blue Moon Brewing Co. as a fictitious business name in California, and therefore was specifically authorized under California law to list it as the manufacturer instead of MillerCoors.
The court also determined that MillerCoors's use of the trademark “Artfully Crafted” was not deceptive, because it was not an affirmative representation about Blue Moon capable of being proven false or reasonably interpreted as a statement of fact.
While the court granted Parent leave to amend his complaint because it “[did] not find it impossible” that Parent could prove deception, it also barred Parent from relying on the Blue Moon Brewing Co. name or the “Artfully Crafted” trademark in an amended claim.
Judge Gonzalo P. Curiel wrote the opinion.
Parent was represented by Robert Craig Clark of Clark & Treglio, San Diego. MillerCoors was represented by Julie L. Hussey of Perkins Coie LLP, San Diego.
To contact the reporter on this story: Blake Brittain in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Mike Wilczek at email@example.com
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)