Experience
Counseled Brewery through Trademark Challenge
Our client, Moonlight Brewing Company, filed an application with the U.S. Trademark Office for their brand MOONLIGHT for their beer. A restaurant named Moonlite BBQ filed a surprise opposition to try to stop Moonlight Brewing from registering their name. Though the restaurant had not sold a beer branded MOONLIGHT, it aggressively pushed forward with the opposition. The restaurant also claimed their name recognition entitled them to our client’s trademark. We worked closely with and guided Moonlight Brewing through a lengthy and hard fought proceeding before the Trademark Trial and Appeal Board, including a rare oral argument before the board. We ultimately received a complete and favorable ruling for Moonlight, including on a Request for Reconsideration filed by the restaurant to try to overturn the decision.
Outside General Counsel to a Growing Brand
When Kenny McNutt, Brady Duncan and Jeff Hunt had a dream to open their own craft brewery, they sought legal guidance from Dinsmore. By the time Cincinnati’s MadTree Brewing opened in 2013, our attorneys had already played a significant role in its development – from helping to raise the original capital to structuring and executing loan financing.
“Dinsmore gives peace of mind and guides us through murky waters,” said McNutt. “They’re reputable, and I always know I get the best answer for the information available at the time.”
Today, Dinsmore serves as MadTree’s outside general counsel, advising on contracts, real estate, trademark, employment matters, securities and other legal needs as they arise.
“They have every facet we need, and they’re super easy to work with,” added McNutt. “I recommend them whenever anyone asks. They’re trustworthy, really, really good and well worth the peace of mind.”
MadTree was the first modern craft brewery to can its beer in Ohio, and, within four short years, the brewery had grown so significantly they opened an $18 million facility to accommodate larger crowds and increased demand for production. Dinsmore attorneys were with them every step of the way.