Two Vermont companies battle over naming rights

Sometimes, companies that choose the same or a similar name find themselves in a legal dispute over the right to hold that title. When that happens, both sides should seek advice from a small business attorney.

This week, the Vermont Hard Cider Co., makers of the popular Woodchuck hard cider brand, sued fellow Vermont company Woodchuck Coffee Roasters for trademark infringement, the Burlington Free Press reports.

In its complaint filed in U.S. District Court, The Middlebury-based cidery alleged that Woodchuck Coffee Roasters' logo is "strikingly similar" to its own logo, which depicts a woodchuck standing on its hind legs while holding an apple. In the other logo, the woodchuck is holding a coffee mug.

Vermont Hard Cider sells 3 million cases of its product, the article states, making it the best-selling cider in the U.S. The company claims that it has been working hard to build its brand recognition since 1991. It seeks an injunction against further use of its brand name and an unknown monetary award.

The word "woodchuck," which most people think of as referring to a furry woodland creature, is also a "colloquial term for a hardy Vermonter," according to the article.

"We were thinking of names and my brother said 'we're a couple of woodchucks'—our family has been in Vermont several generations—so why not?" Tony Basiliere, one of the brothers who runs Woodchuck Coffee Roasters, told the Free Press.

Basiliere added that his South Burlington company, incorporated in 2011, did not intend to take advantage of Vermont Hard Cider's brand recognition.

Local companies that are engaged in disputes over naming rights should consult with a Phoenix small business attorney.

Categorised in: Litigation

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