City Steam Brewery Café is one of
Hartford’s popular restaurant and entertainment venues, but the “City Steam”
name may be in jeopardy. As reported in a recent Hartford Business Journal article, Anchor Brewing Co., which
is located in California and manufactures Anchor Steam beer, has sued City
Steam Brewery Café and asked the court to stop City Steam from using the “City
Steam” name because they allege that similarities between the two names will
confuse customers. City Steam Brewery Café has used the “City Steam” mark in
conjunction with its products and services since 1997 and its bottled beers are
now sold throughout New England and New York. In 2012 City Steam registered its
“City Steam” trademark in the beverages category, whereas Anchor Steam
registered its “Steam Beer” trademark in the beverages category in 1982. In our
opinion, these particular marks are different enough so that the public is not
likely to be confused, but trademark owners have a right, and an obligation, to
enforce (or at least attempt to enforce) their rights in order to maintain
protection.
Trademarks
are critical assets for businesses because they help consumers identify the sources
of goods and services. Accordingly, a trademark communicates a business’s
reputation and goodwill, so it is crucial for a trademark owner to stop any
potential infringement of its mark before customers mistakenly purchase goods
from other sources. To prove trademark infringement, an individual or business must
show: that they own the trademark; that the allegedly infringing mark is very
similar or identical to the mark that is already in use; and that the
infringing mark is affixed to similar goods and services as the mark that is
already in use.
In
deciding trademark infringement cases, courts evaluate a variety of factors to
determine whether there is a “likelihood of confusion” between the two marks. Appearance
is an important element, so courts utilize the “sight, sound, and meaning” test
to determine whether two marks look the same, sound the same, and have the same
commercial meanings. Courts also evaluate whether the goods or services
associated with the marks are related. In addition, courts may consider the
uniqueness of the marks; the similarity of the marks; whether the trademark
holder can offer evidence of confusion, such as through consumer surveys; and
the alleged infringer’s reasons for copying the mark.
The
lawyers of Brown, Paindiris & Scott can help you to protect your intellectual property and defend against claims of
infringement. For more information, click here.
