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Bud Light Sends Legal Warning to Modist via Town Crier


— December 6, 2017

Bud Light Sends Legal Warning to Modist via Town Crier


Reading from a parchment scroll, a town crier was sent by Bud Light to the Minneapolis-based brewer, Modist Brewing Co., on Friday in an effort to limit its new beer, Dilly Dilly Mosaic Double IPA to a one-time run – quite an entertaining way to deliver legal news regarding trademark infringement.

Modist Brewing decided on the name of its invention after checking an online database and learning that “dilly dilly” was not being used for another beer name, according to Kale Anderson of Modist Brewing Co.  However, after the brew was already in the works, the company discovered that “dilly dilly” was actually trademarked by Bud Light as a slogan, hence the visit from the crier. “But then we said, ‘Screw it, let’s see what happens.’ And that’s what happens,” Anderson explained.  “There’s so many brewery names and beer names out there, and we try to resolve it short of suing each other.”

Image Courtesy of Modist Brewing Co.

Modist’s attorney, Jeff O’Brien, agreed that the parchment letter “was a really cool way of handling it,” adding, “They did it in a funny way and protected their mark…This is a little out of character.  I’ve gotta tip my hat to them.  We certainly would rather see it handled this way, with some humor.”

The entire warning read in an Old English accent, stated: “Hear ye, hear ye!  Dear Friend of the Crown, Modist Brewing Company. Congratulations on the launch of your new brew, ‘Dilly Dilly’ Mosaic Double IPA.  Let it be known that we believe that any beer that is shared between friends is a fine beer indeed and we are truly flattered by your loyal tribute.  However, ‘Dilly Dilly’ is the motto of our realm, so we humbly ask that you keep this to a limited edition, one-time only run.  This is by order of the King. Disobedience will result in additional scrolls.   Then, a formal warning.  And finally, a private tour of the pit of misery.   Please send a raven, letter or electronic mail to let us know that you agree to this request.  Also, we will be in your citadel of Minneapolis for the Super Bowl and would love to offer two thrones to said game for two of your finest employees to watch the festivities and enjoy a few Bud Lights on us.  Yours Truthfully, Bud Light.”

The two-ticket peace offering was perhaps best received by Modist employees.  The company soon after indicated on its Facebook page that future runs of the beer would be renamed “Coat Tails” in honor of the crier.  The “About” section of the page is further indicative of company’s creativity, which Bud Light respectively paid tribute to in its choice of delivery.  The company info reads, “At Modist, our aim is to modify beer and how it is perceived by defying rules and expectations. We don’t abide by established style guidelines and refuse to bend to preconceived notions. We will push past traditional brewing by embracing creativity and unconstrained experimentation, taking an innovative approach to ingredients and techniques in order to harness raw inspiration and create a new beer experience.”

Sources:

Why did Bud Light threaten a craft brewery with the ‘Pit of Misery’?

Bud Light threatens Minneapolis brewery with pit of misery in medieval-style cease-and-desist order

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