Magic Hat and West Sixth Brewing got in a pretty public fight over logos recently. The heated argument lead to lawyers getting involved and this statement being issued. West Sixth looks like they are having to take back some of the things they said recently… Draw your own conclusions as to how this will play out.
The parties have a mutual interest in assuring that consumers perceive their products as distinct.
The parties have mutually resolved the issues addressed in the lawsuit in a manner that eliminates potential confusion about product origin and resolves the lawsuit in a mutually acceptable way.
To the extent West Sixth in any way represented that Magic Hat filed a frivolous lawsuit, that Magic Hat initiated litigation improperly, that Magic Hat was unresponsive in negotiating a resolution, that Cerveceria Costa Rica was itself involved in the dispute or its resolution, that Magic Hat claimed ownership of the numeral 6, that Magic Hat sued West Sixth after West Sixth had already acceded to its demands, that Magic Hat has no Vermont presence, or that Magic Hat sought to recover for or enjoin West Sixth from truthful public statements, such representations are retracted. West Sixth regrets that it in any manner communicated any inaccuracies, and hereby corrects those errors.
Both Magic Hat and West Sixth have agreed that this joint statement will be the last public communication from either side regarding the resolved dispute.
Each wishes the other good fortune and continued success.
Every story has two sides, and the tale of Magic Hat vs. West Sixth is no different. In a release on Monday, West Sixth Brewing Co of Lexington KY stated that they were asked by Magic Hat to change their logo as they felt it was too similar to their #9 branding. West Sixth says that Magic Hat claims said logo was intentionally copied, that Magic Hat suffered irrepairable harm, and asked for damages and all profits made off of the logo. West Sixth then urged consumers to support their petition against Magic Hat, stop buying their products, and asked for legal assistance.
Then, Magic Hat released a response statement stating that they were blindsided by the social campaign against them as West Sixth has continually reassured them that their branding would be changed. Ryan Daley, brand manager of Magic Hat said “West Sixth Brewing packaged the “perfect story” of a large brewery beating up on a small start-up. The only problem is: it’s not true.” They go on to state that distributors in Ohio and South Carolina refused to carry West Sixth as it too closely resembled the Magic Hat #9 that they already carried. They continue to claim that West Sixth agreed to change their branding, but has now decided to change their minds and personally attack the brand as a whole. For those interested, official legal communication between the two breweries can be found here.
As it currently stands, West Sixth says they would like to reach a settlement between the two, proposed a few new logos, and even offered to enjoy some beers with Magic Hat. The public, however, has taken their own stance. As of this morning Magic Hat’s Wikipedia page has been locked down as a user changed the content in an attempt to harm the reputation of Magic Hat. The petition mentioned by West Sixth currently has over 11,000 signatures. Plus, there’s plenty of heated discussion happening via Facebook and Twitter with many comparing the situation to David and Goliath.
Golden Haze for Summer Daze – Magic Hat Elder Betty will hit the shelves in cans this summer next to its brother #9. Expect to see cans of both throughout the Magic Hat distribution areas. No official launch date has been set forcans yet so stay tuned.
Style: Hefeweizen (w/ Elderberries)
Availability: 12oz bottles, 12 oz cans, draft
Arrival: Now Shipping
Have you tried Magic Hat’s latest in the Humdinger series Belgo Sutra? How about we pull the curtain back a little for you.
“Beer has never known such sensuality as with Belgo Sutra. Brewed with six different malts and fermented over figs and dates, this Belgian-Style Dark Ale offers a deep complexity that caresses the palate to a scream-inducing climax.”
Style: Belgian Dark Ale
Availability: 750 mL bottles
Arrival: Feb -April 2013
Magic Hat promises to pleasure your palate with their Belgo Sutra Belgian-style dark ale. They’ll be hand bottling this week with hopes of shipping the following. This beer will be an addition to their Humdinger series which consists of a few small batch seasonal beers.
Style: Belgian Quad
Availability: 750 mL bottles
Arrival: Coming soon
Magic Hat Brewing introduces Graupel into their Humdinger Series. The small batch series acts as a experimental series from the Vermont based brewery. Graupel is a wheat wine (barleywine with a lot of wheat).
Yeast: English Ale Yeast
Availability: 750 ml bottles