TailGate Beer Files Trademark Suit Against Boulevard

Source: Brewbound

By: Justin Kendall

Jun. 27, 2018

Nashville-based TailGate Beer is accusing Kansas City-headquartered Boulevard Brewing of trademark infringement, according to the Nashville Business Journal. The case was first noted on Twitter by Brendan Palfreyman, a partner with the Harris Beach law firm in New York and creator of the website Trademark Your Beer.

In the lawsuit, TailGate claims that Boulevard’s use of the image of a pickup truck on its 2015 rebranded Pale Ale labels violated its mark and could cause confusion among consumers. TailGate has filed for an injunction to block Boulevard’s use of the image and is also seeking damages and attorneys’ fees.

“In using the iconic truck with the tailgate lowered to represent its beer, it is clear that defendants seek to mislead consumers about the source of Boulevard Beer and in doing so, free ride off of plaintiff’s goodwill that has been developed for over a decade,” TailGate’s complaint reads.

However, Boulevard Brewing vice president of marketing Natalie Gershon told the Nashville Post that the image is a tribute to founder John McDonald, who delivered the first barrel of Pale Ale in his pickup truck nearly 29 years ago.

“It’s part of our story and a few years back we chose to commemorate that,” she told the Post. “We never intended to appropriate anyone else’s intellectual property.”

Of note, Boulevard began shipping its beer to Tennessee in May 2017.

From: Press Clips