Published: January 15, 2024
Read time: 2 mins
In this article, we delve into the details of the dispute between Northern Hospitality Group, Inc. and Alaskan Brewing & Bottling Co., two prominent players in the beer industry. Both parties are vying for the registration of trademark rights, and the battle over the use of the "ALASKA Marks" has sparked a heated legal conflict.
Background
Northern Hospitality Group, Inc. has applied for the registration of three "ALASKA Marks" related to beer, ale, and lager. However, Alaskan Brewing & Bottling Co., armed with its own registered trademarks, opposes the registration. The crux of their argument is the potential confusion between the "ALASKA Marks" and their existing trademarks.
Both Northern Hospitality Group, Inc. and Alaskan Brewing & Bottling Co. are based in Alaska and have a rich history of selling beer and operating brew-pubs and restaurants. Alaskan Brewing & Bottling Co. has garnered recognition through numerous awards and holds a prominent position in the industry. On the other hand, Northern Hospitality Group, Inc. has invested substantial resources in developing and promoting their “ALASKA Marks.”
Summary of Legal Proceedings
Following the filing of briefs and an oral hearing, the parties brought several arguments to the table. Alaskan Brewing & Bottling Co. objected to evidence presented by Northern Hospitality Group, Inc., claiming it was not part of the official record. The objection was upheld by the Board, citing procedural mistakes during the trial period.
Consideration of Claims
During the legal proceedings, Alaskan Brewing & Bottling Co. contended that they owned a "family of marks" that could potentially be confused with the "ALASKA Marks." However, the Board did not consider this claim, as it was not properly pleaded. Additionally, the unpleaded claim regarding Northern Hospitality Group, Inc.'s failure to use the marks in commerce was not addressed by the Board.
Evaluation of the Marks and Confusion Potential
To evaluate the likelihood of confusion, the Board considers the "DuPont factors." These factors weigh the similarities between marks and goods/services, the channels of trade, and the level of recognition as a source identifier. In this case, the focus lies on Alaskan Brewing & Bottling Co.'s registration for the standard character mark "ALASKAN" in relation to beer and ale.
The ALASKA Marks and the ALASKAN mark share similarities in appearance, sound, connotation, and commercial impression. As the dominant elements of the respective marks, "ALASKA" and "ALASKAN" hold the greatest significance in the likelihood of confusion analysis. The Board notes that the minor difference in the presence or absence of the letter "N" is inconsequential.
Strength of the Marks
Alaskan Brewing & Bottling Co. claims commercial strength due to long use, the company's status as the largest brewer in Alaska, and acclaim from the craft beer industry and consumers. Although deficiencies exist in their provided evidence, the ALASKAN mark has obtained some degree of commercial strength through advertising, sales, and public recognition. The Board acknowledges the slight narrow scope of protection offered to the ALASKAN mark.
Conclusion
After careful evaluation of the evidence and arguments pertaining to the relevant DuPont factors, the Board sustains the opposition by Alaskan Brewing & Bottling Co. This decision is based on Section 2(d) of the Trademark Act, which aims to protect against the likelihood of confusion. The Alaska Marks trademark dispute serves as a reminder of the importance of distinguishing between weak and strong marks and the potential implications for brand owners in the ever-evolving marketplace.
