Partner Scott Harper Published by Beer Connoisseur

Harper Bates & Champion LLP partner Scott Harper examines Stone Brewing Co., LLC v. MillerCoors LLC in a recent article for Beer Connoisseur.

Titled “The Stone Brewing v. MillerCoors Lawsuit: Who Cast the First Stone,” Harper provides insight as to where the trademark infringement lawsuit might go given the case is in the early stages.

Harper writes that “One of the keys of this case will turn on the concept of trademark priority, meaning who was the first to use the term STONE as a trademark. … U.S. trademark law is built upon this fundamental rule of "first in time, first in right" when it comes trademark ownership.”

He concludes that the implications of the lawsuit showcases the importance “of investing in the creation of a strong brand identity, being the first to use distinctive trademarks associated with one's goods and services and continuing to grow and strengthen your trademark rights by continuously promoting the trademarked goods and services to the consuming public.”