A craft brewer’s brands are the heart of its business, and breweries fiercely compete in a crowded space for innovative brand names.
According to the Brewers Association’s 2024 Annual Craft Brewing Industry Production report, there are over 9,500 breweries in the United States—and nearly all of them strive to be creative with names, logos, and label art. That means the craft brewery trademark landscape is incredibly crowded, especially in common categories like:
- Hoppy puns (Hopocalypse, Hopportunity Knocks)
- Regional identifiers (Bayou Blonde, Appalachian Ale)
- Mythical creatures or animals (Yeti Stout, Unicorn Saison)
- Pop culture references
A trademark is any word, phrase, logo, or symbol that identifies your brewery or beer and distinguishes it from others. It’s what tells your fans that this Double IPA came from your taproom, not someone else’s.
Trademark conflicts arise when a new brewery name or beer brand is likely to cause confusion with an existing one (or even a distilled spirits, wine, or non-alcoholic beverage brand). Even innocent similarities can trigger a cease-and-desist letter—or worse, a federal lawsuit.
In an industry where shelf space, tap handles, social media, and word-of-mouth drive growth, your brand can be more valuable than your recipe. Losing your brewery name or a beer brand name due to a trademark conflict—or being forced to rebrand mid-growth—can set a brewery back years. Breweries have been forced to change their name, change beer names, change label designs, and even destroy product, among other things, as a result of trademark disputes. For this reason, taking the time to search, register, and enforce your trademarks is one of the smartest business moves you can make.
Trademark litigation is also not exclusive territory for big brands. Just a few examples follow:
- 21st Amendment Brewery Café, LLC v. 21st Amendment Distillery, LLC (Case No. 23-14290-CV (S.D.Fla.))
- A trademark infringement case filed in 2023 by California-based plaintiff 21st Amendment Brewery against Florida-based 21st Amendment Distillery. The plaintiff filed suit for alleged trademark infringement of its 21st AMENDMENT trademarks. The parties eventually settled, but the plaintiff subsequently continued the litigation to enforce the settlement agreement. The litigation has been ongoing for years.
- Peterman v. RAMod Brewers, LLC, et al. (Case 4:21-CV-00I56-M (E.D.N.C.))
- Plaintiffs who were former business partners of defendants filed a suit in federal court in 2021, claiming trademark infringement due to alleged continued use of certain BIG GAME BREWING trademarks. In 2024, the Court entered a judgment in favor of the plaintiff. The defendants sought relief from the judgment, which the Court denied in May 2025, finally resulting in the termination of the case after years of litigation.
- Left Bridge Brewing v. Lucette Brewing Co. (Case No. :13-cv-00693 (U.S.D.M.))
- Left Bridge sued Lucette Brewing for trademark infringement and unfair trade practices, alleging that Lucette’s beer trademark FARMER’S DAUGHTER was confusingly similar to Left Bridge’s FARM GIRL Saison word and design marks. The case was eventually dismissed, but the parties nonetheless incurred attorneys’ fees.
- Atlas Brewing Co. vs. Atlas Brew Works (T.T.A.B. Opposition Proceeding No. 91210379)
- Two breweries—one in Chicago, one in D.C.—ended up in a legal battle over the name “ATLAS.” After years of costly litigation, one had to change names and rebrand in certain states.
Best practices to avoid a trademark dispute.
Brewers can take important preventive steps to help avoid trademark trouble.
Before naming a beer or brewery:
- Search the USPTO database (TESS) for existing trademarks in Class 32 (beer).
- A word of caution: Just because you do not find another beer with the same name in TESS does not mean you are in the clear. TESS only includes federally registered trademarks; many craft breweries do not register their trademarks, but they may nonetheless have certain common law trademark rights.
- The same or similar name for wine, spirits, and even non-alcoholic beverages can also cause roadblocks to federal trademark applications and result in disputes.
- Check popular beer websites and databases like Untappd, BeerAdvocate, and RateBeer.
- Google the name to look for existing common-law usage.
- Try to avoid names that are puns or plays on well-known trademarks or pop culture.
- If issues or concerns arise based on the same or similar names in use or for planned use, consult with a trademark attorney for advice on the best path forward.
- Have a trademark attorney conduct a clearance search on the brewery name or beer brand before use and provide other relevant legal advice regarding branding early in the start-up process and before investing substantial amounts in branding.
- Check to see if your planned domain name is available or if a confusingly similar one exists.
- File a federal trademark registration with the USPTO if the mark is available for registration.
After launching:
- If you obtain a federal trademark registration, make sure to file renewals at the appropriate time and keep tabs on renewal deadlines and any notices received from the USPTO regarding your marks.
- Monitor your marks and brand names for use by infringers.
- Avoid using copyrighted work (for example, artwork) of others on your labels without their consent.
- Send cease-and-desist letters to address infringers early. Not enforcing your trademark rights could potentially be deemed a waiver of those rights in certain circumstances.
- As your business and distribution grow, more trademark issues can arise. If you are considering expanding distribution into other states and have not previously performed trademark clearance searches, it might be a good idea to do so.
- If your brewery receives a cease-and-desist letter, consult with an attorney who is familiar with trademark law and preferably the brewing industry in general.
Need help clearing or registering your brewery name or beer brand?
We have years of experience helping craft brewers, wineries, distillers, and restaurants establish their businesses and protect their creative identities and brands. If you need assistance or have any questions, please reach out to me at cgregoire@bfvlaw.com.
Notice: This content is for informational purposes only and does not constitute legal advice. You should not rely upon this information for any purpose without seeking legal advice from a licensed attorney familiar with your particular facts and legal issues.
Cher Gregoire is a BFV attorney focusing on trade secret, restrictive covenant, and trademark infringement litigation as well as brand protection.
