Duff on Hospitality Law

On March 25, 2022, after a contentious, four year-long court battle, a jury awarded Stone Brewing Co. $56 million in damages against beer conglomerate MillerCoors, now Molson Coors, finding that MillerCoors infringed the craft brewery’s STONE trademark. Though Stone Brewing initially sought $256 million in damages, the brewery’s co-founder, Greg Koch, celebrated the verdict as a major victory, calling it “a historic day for Stone Brewing, and for the craft beer industry.” For brand owners, this decision underscores the importance of protecting one’s trademark rights. 

Stone Brewing first filed the trademark infringement lawsuit in 2018, alleging that MillerCoors intended to trade off of the goodwill and recognition of Stone Brewing’s STONE brand when it rebranded its Keystone beer to emphasize the word “stone.” Indeed, MillerCoors’ rebranding changed the overall appearance of the word “keystone” on its packaging and advertising, separating the words “key” from “stone,” and making the word “stone” more prominent. Notably, this rebranding came after MillerCoors tried to register the trademark STONES in connection with its beer in 2007. The U.S. Patent and Trademark Office denied this trademark application on the basis that there was a likelihood of confusion with Stone Brewing’s STONE registration. Stone Brewing pointed to this attempted registration as evidence that MillerCoors’ later rebranding constituted willful infringement.

On February 19, Bisnow hosted its 2019 Pacific Northwest Hotel Summit held at the Four Seasons Hotel in Seattle. Reputed real estate property developers, hotelier and principal consultant of an architectural and design services firm convened to share their insights on how Seattle’s booming tourism is impacting the hotel industry, specifically with regard to the increase in development, investment, supply, and branding of hotel properties.