MONROE - The battle between Wisconsin and California has gone beyond the dairy and cheese industries; it now includes beer.
Two companies are vying for the use of the trademark name "Boxer" to market their beers in the U.S.
Canada's Mountain Crest Brewery, which owns Minhas Craft Brewery in Monroe, is opposing the application of MBF Company in Salinas, Calif., which was poised in early 2009 to get approval for the name from the U.S. Trademark and Patent Office (USPTO).
Jeff Moses, MBF owner, said Friday he has spent at least $30,000 - much of it on legal costs - to defend his right to use the brand name. He confirmed he would continue to fight.
"I have to defend what I think is mine and the time, effort and money I've put in to promote it," he said.
Gary Olson, Minhas president, said Moses has to prove ownership of the mark.
"Joseph Huber used the brand years ago, at least 10 years, and my guess would be 20," he said.
Huber trademarks on file with the USPTO, including the name Boxer for beer, were transferred to Minhas Dec. 6, 2008, after Mountain Crest bought the company in September 2006.
But USPTO canceled the mark Feb. 7, 2009, citing the company's failure to file registration maintenance documents.
Minhas makes a Boxer brand beer, which has been distributed and sold only in parts of Canada since November 2007.
Olson said he suggested the old name to brewery owners Ravinder and Minjit Minhas when the new beer was ready to be marketed in Canada.
"I saw it in a book of old labels; we have a whole catalog of them," he said.
Moses said he came up with the name in 2006, filed an application for the mark, and has been producing and marketing the brew from his Hermitage Brewing Company to restaurants and shops in the U.S.
The USPTO's online files show his application was entered June 27, 2007.
"I did a search to see if anyone was selling Boxer beer, and found no proof that any company sold Boxer beer in the United States," he said.
Moses has no problem with the Boxer brand being used in Canada.
"I have great respect for craft brewers, and Minhas in the United States. The problem I have (is) you have to give respect for anyone who creates, and spends time, effort and money on, their product," he said.
"In the U.S., you can't step into another one's arena and tell them they're not making enough and we can do better. If you make a product and want the label someone is using, you purchase it, or create another name. I'm just asking for that respect back."
Mountain Crest opposition papers say MBF's registration of the Boxer trademark would limit its rights to legally use the Boxer mark in the U.S. and result in a loss of profits.
Olson said "the flag came up" when a trademark lawyer for Minhas started the process to get the beer label registered for sale in the U.S.
In his affidavit, on the case before the Trademark Trial and Appeal Board, Olson stated, "Minhas learned of the Moses Application during its brand analysis in early 2009."
Moses' application was approved for publication Feb. 25, 2009, and published for opposition March 31, 2009.
Minhas filed opposition papers April 10.
Moses denies Minhas' claim he had abandoned the label, and that since mid-2007 has spent $200,000 actively marketing the brand. MBF Company sells its Boxer beer under the label Boxer Brews CruiserWeight Ales.
"I spread it all over the western United States, on TV, in newspapers and magazines," he added. "It's not as if I hid the brand."
Moses claims he has talked several times with Ravinder's and Minjit's father, Moni Minhas, who knew of Moses' beer and initially offered $1,000 for the mark.
"I asked, 'If you didn't want me to make Boxer beer in the U.S., why didn't you say something? Why let me put hundreds and hundreds of dollars into marketing and packaging?'" he said. "It takes work, effort and money to make a small craft beer like Boxer."
MBF produces and distributed other beers, sodas and wine. It is the parent company of a festival promotions company, Night That Never Ends Productions, with Moses as the producer of many events, including the Monterey Beer Festival, which features entertainment and beers from around the world. Moses, originally from Donora, Pa., is a former network television writer and producer in New York and Los Angeles.
Mountain Crest Brewery punched through the Ontario market in November last year, but is awaiting the decision of the Alcohol and Gaming Commission there on a complaint that Boxer Lager is promoting sports - which is against Ontario's regulations prohibiting selling and advertising beer in association with a sport.
Two companies are vying for the use of the trademark name "Boxer" to market their beers in the U.S.
Canada's Mountain Crest Brewery, which owns Minhas Craft Brewery in Monroe, is opposing the application of MBF Company in Salinas, Calif., which was poised in early 2009 to get approval for the name from the U.S. Trademark and Patent Office (USPTO).
Jeff Moses, MBF owner, said Friday he has spent at least $30,000 - much of it on legal costs - to defend his right to use the brand name. He confirmed he would continue to fight.
"I have to defend what I think is mine and the time, effort and money I've put in to promote it," he said.
Gary Olson, Minhas president, said Moses has to prove ownership of the mark.
"Joseph Huber used the brand years ago, at least 10 years, and my guess would be 20," he said.
Huber trademarks on file with the USPTO, including the name Boxer for beer, were transferred to Minhas Dec. 6, 2008, after Mountain Crest bought the company in September 2006.
But USPTO canceled the mark Feb. 7, 2009, citing the company's failure to file registration maintenance documents.
Minhas makes a Boxer brand beer, which has been distributed and sold only in parts of Canada since November 2007.
Olson said he suggested the old name to brewery owners Ravinder and Minjit Minhas when the new beer was ready to be marketed in Canada.
"I saw it in a book of old labels; we have a whole catalog of them," he said.
Moses said he came up with the name in 2006, filed an application for the mark, and has been producing and marketing the brew from his Hermitage Brewing Company to restaurants and shops in the U.S.
The USPTO's online files show his application was entered June 27, 2007.
"I did a search to see if anyone was selling Boxer beer, and found no proof that any company sold Boxer beer in the United States," he said.
Moses has no problem with the Boxer brand being used in Canada.
"I have great respect for craft brewers, and Minhas in the United States. The problem I have (is) you have to give respect for anyone who creates, and spends time, effort and money on, their product," he said.
"In the U.S., you can't step into another one's arena and tell them they're not making enough and we can do better. If you make a product and want the label someone is using, you purchase it, or create another name. I'm just asking for that respect back."
Mountain Crest opposition papers say MBF's registration of the Boxer trademark would limit its rights to legally use the Boxer mark in the U.S. and result in a loss of profits.
Olson said "the flag came up" when a trademark lawyer for Minhas started the process to get the beer label registered for sale in the U.S.
In his affidavit, on the case before the Trademark Trial and Appeal Board, Olson stated, "Minhas learned of the Moses Application during its brand analysis in early 2009."
Moses' application was approved for publication Feb. 25, 2009, and published for opposition March 31, 2009.
Minhas filed opposition papers April 10.
Moses denies Minhas' claim he had abandoned the label, and that since mid-2007 has spent $200,000 actively marketing the brand. MBF Company sells its Boxer beer under the label Boxer Brews CruiserWeight Ales.
"I spread it all over the western United States, on TV, in newspapers and magazines," he added. "It's not as if I hid the brand."
Moses claims he has talked several times with Ravinder's and Minjit's father, Moni Minhas, who knew of Moses' beer and initially offered $1,000 for the mark.
"I asked, 'If you didn't want me to make Boxer beer in the U.S., why didn't you say something? Why let me put hundreds and hundreds of dollars into marketing and packaging?'" he said. "It takes work, effort and money to make a small craft beer like Boxer."
MBF produces and distributed other beers, sodas and wine. It is the parent company of a festival promotions company, Night That Never Ends Productions, with Moses as the producer of many events, including the Monterey Beer Festival, which features entertainment and beers from around the world. Moses, originally from Donora, Pa., is a former network television writer and producer in New York and Los Angeles.
Mountain Crest Brewery punched through the Ontario market in November last year, but is awaiting the decision of the Alcohol and Gaming Commission there on a complaint that Boxer Lager is promoting sports - which is against Ontario's regulations prohibiting selling and advertising beer in association with a sport.