UPDATED with more info: Ope! Minocqua Brewing Co is just gonna sneak right by ya into another lawsuit
MBC owner Kirk Bangstad is facing another lawsuit for allegedly violation the trademark of another brewery
UPDATE: The Wausonian received a copy of the lawsuit. See below for new details from the suit.
It’s a perfect twist of irony that a Midwest-nice word like Ope is at the center of a contentious lawsuit involving Minocqua Brewing Co.
The boisterous owner of Minocqua Brewing Co. was about to release a beer called Ope, celebrating Presidential candidate Kamala Harris’s selection of running mate Tim Walz, the governor of Minnesota.
Just one problem: There is already a brewing company in Wisconsin called Ope! Brewing Co. in Milwaukee. (West Allis, technically.) That company already has a trademark in Wisconsin for Ope related to products around beer, liquor and wine, Ope’s owner explains.
According to a recent post, Ope!’s owner reached out to try to handle things amicably.
This is how it went. From a post by Minocqua Brewing Co:
Hi Folks,
Here's another wild story for you today.
After we released "OPE: A Lager with Big Dad Energy" a few weeks ago, we got a call from an attorney who represented OPE! Brewing in West Allis Wisconsin.
They said we stole their trademark.
We giggled a bit, thinking "how is it possible to trademark a word that most Midwesterner's use as a way of saying 'excuse me'?"
After giggling, we thought about it a little more academically and told the lawyer that our cans had the Minocqua Brewing Company name above the beer name "Ope," which was clearly different than us actually stealing their company's name. We also said that the word "Ope," with the stylized picture of Tim Walz on it, was unique enough to differentiate our beer from their company.
They said they were going to sue us anyway.
We told them we were tired of getting sued, and offered to collaborate, because the craft beer industry in Wisconsin and most other places is the US is really kind and gentle. Breweries often collaborate to make beer and help each other out. We suggested that they could make the beer, we'd put our label on it and offer it as a collaboration between us, and then sell it to our customer base, which would allow them to make money off of our our idea and increase their footprint throughout Wisconsin.
They said they wanted 50% of the profits, but didn't want to do any of the work to make the beer.
We laughed, thinking they couldn't be serious, but since we really didn't want to get into another legal quagmire, we gave them a counter-offer. We offered them 5% of the profits to get them off of our backs, and told them they wouldn't have to lift a finger to help. We just wanted to get this cool Tim Walz beer on the shelves during election season and inject a little more positive energy into the Presidential race, where in this swing state, every little bit of energy matters.
They sued us anyway.
So while we're in legal limbo with our old label, we decided to create a temporary new one to avoid any problems.
Ope’s owner tells a different story:
We called Minocqua Brewing the same day of their announcement to notify them of our existing trademark. Initially, they said they were unaware that we existed. We told them that we would love to resolve this matter in a friendly manner and asked if they would please just not use our trademark for their beer – as it had only just been announced as a presale, there was time for them to rebrand. Instead of simply respecting our right to use the name “Ope,” they forged ahead and quickly. Over the course of the next week, we asked them multiple times by phone and in writing to change course. We did not rush to the Courthouse without warning; it was only after Minocqua Brewing refused to respect our trademark after multiple requests, that we filed our lawsuit. Our attorney also filed for a Temporary Restraining Order to stop Minocqua Brewing from using our trademark. The judge found in our favor rather swiftly and granted us the Temporary Restraining Order. When Minocqua Brewing refused to comply with the Temporary Restraining Order, we had to file a Motion for Contempt, which is pending. Despite the fact that it never used the term “Ope” prior to August 9, Minocqua Brewing has even taken the tactic of filing a motion to extend the time to oppose our federal trademark – a truly underhanded move that appears to be retaliatory for the lawsuit and the Temporary Restraining Order.
Court records confirmed what Ope’s owner is saying. A judge on Aug. 30 granted an injunction against Minocqua Brewing Company while the case is decided.
Meanwhile, the brewery has been getting angry emails and phone calls from Minocqua Brewing Co. fans based on Bangstad’s interpretation.
Meanwhile, Kirk Bangstad was sued successfully by the owner of Lakeland Times after Bangstad made Facebook posts that included implicating him in his brother’s hunting accident death. A jury awarded him $750,000 though Bangstad has appealed. The next step in the appeal process was expected Sept. 6. Bangstad also has an appeals case related to a case brought by the county that alleges Bangstad continually violated the conditions of his business license for the brewery.
An attorney for Ope! Brewing Co. sent The Wausonian a copy of the lawsuit. According to the suit:
Minocqua Brewing Co’s own followers immediately told MBC that there already was an Ope! Brewing Co. in West Allis. MBC replied, questioning if someone made an Intuit beer, if Intuit would sue.
MBC’s attorneys received a cease and desist demand from Ope!’s attorneys on Aug. 9. The next day MBC released an Ope shirt.
A few days later, they shared the Ope beer was for sale despite the attorney demand. A written cease and desist followed.
Update 9/23: Bangstad has signaled he is backing off. In recent Facebook posts he has said the cans with Ope on them will be a collectors item since only a few are made, and said the beer and Walz would live on but not under the Ope name.
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Trouble attracts trouble. "There are three kinds of men: the ones who learn by reading; the few who learn by observation; the rest of them have to pee on the electric fence for themselves" - Will Rogers.