Those who say imitation is the sincerest form of flattery are not trying to sell beer. Just ask Clay Harding, the owner of 38 Degrees Ale House & Grill, a beer bar and restaurant in Alhambra. After learning that a new Carlsbard pub would be operating with the same 38 Degrees name, he was reasonably upset, according to a Feb. 22 Los Angeles Times report.
According to thefullpint.com, Harding did not hold any trademarks to the 38 Degrees name at the time its article went to press, but Harding was still determined to fight to protect the name of his popular bar. I will be making some phone calls, and seeing what I can do to protect my property,” he told thefullpint.com.
“The color scheme and font used on their logo is very similar to my logo, even [the local news magazine] was confused that this wasn’t an expansion of my restaurant in Alhambra, just to demonstrate the confusion this is already causing.”
Harding has reportedly had the name since early 2009 and “has been known in the craft beer industry as a second generation so-cal publican since the 90′s.”
The situation is gearing up to become an ugly feud because the owners of 38 Degrees Carlsbard have no plans to give up the name, according thefullpint.com. “Craft beer is obviously a very popular market and decided this would be a great venture to get into. I sat down with my partners and did a search for 38 Degrees Carlsbad, and there were no registered marks for it,” owner Mayur Pavagadhi said. “The term 38 Degrees is the temperature in which we are asked by the beer industry to keep our walk in keg cooler, we felt this was a great name to use.”
He added, “I have registered the name and won’t give that up. Nobody wins taking the legal route, so myself and Mr. Clay will have to sit down and talk. If we go the legal route, the lawyers get the money.”
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