I recently ran across a few stories about a little brew-ha-ha going on down in Portland, Oregon (our neighbors to the south). Seems a gentleman by the name of Sam Adams is running for mayor.
Getting into the swing of things, two morning show disc jockeys in Portland registered samadamsformayor.com and mayorsamadams.com, suggesting he could use one for the campaign and one after he won. The Boston Brewing Company, makers of Samuel Adams Boston Lager, in true corporate fashion, promptly slapped the disc jockeys with a Cease and Desist letter, claiming that the two domains create a dillutive effect on the Samuel Adams trademark in violation of the Lanham Act.
Now, being lawyer-spawn, I can assure you that lawyers do not have their senses of humor or irony removed in law school, though I can only say that for California lawyers. Massachusets lawyers... Michael Dukakis, John Kerry, Mitt Romney. Need I say more? The dunderheaded lawyer who sent that C&D follows in a great history of Massachusets lawyers who don't "get it".
First off, the C&D states that Samuel Adams Boston Lager has been using its trademark since 1984. Sam Adams of Portland, Oregon was using it personally and professionally before they ever filed a trademark application. Furthermore, they are using their trademark to squash one of the most highly protected forms of American speech that the First Amendment was created to protect, political speech. Commercial speech, such as a trademark, may enjoy the protections of the Lanham Act, but political speech is proteched by the Constitution of the United States of America.
Any company that would name their beer after an American patriot, then act in such an un-American way deserves to be boycotted.
Anyway, I like Bass Ale... draft... the true nectar of the gods.
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