Railtown Brewing Company reaches settlement in trademark infringement lawsuit | Brewing Industry Guide

Railtown Brewing Company reaches settlement in trademark infringement lawsuit

The opponent, formerly known as “Railbird Taphouse and Brewery,” has agreed to change the name of its brewpub

Press Release 10 months ago

Railtown Brewing Company reaches settlement in trademark infringement lawsuit Primary Image

DUTTON, Mich. (Feb. 4, 2019) -- Railtown Brewing Company has reached a settlement with Byron Station, LLC, a company Railtown accused of trademark infringement. Byron Station, LLC sought to name its yet-to-be-established brewpub “Railbird Taphouse and Brewery.”

Byron Station, LLC has agreed to change its brewpub’s name to “Alebird Taphouse and Brewery,” cease using “Railbird Taphouse and Brewery” as its name, withdraw any trademarks including the word “Railbird” and refrain from seeking further trademarks including the word. The company will keep its existing logo, referred to as “the burgundy chicken.”

Railtown Brewing Company has allowed Byron Station, LLC the right to name one beer “Railbird,” which may only be sold on tap at Byron Station's premises in Byron Center, Michigan and may not be packaged. The company may also produce merchandise relating to the “Railbird” beer, so long as the “Alebird Taphouse and Brewery” name is clearly tied to it. Railtown also agreed not to use the word “Railbird” in any manner.

Byron Station, LLC declined to agree to confidentiality or a non-disparagement clause and chose not to collaborate with Railtown Brewing Company on a joint press release regarding the lawsuit.

ADVERTISEMENT

“All along the way, we’ve been trying to find a middle ground that would work for both of us,” said Justin Buiter, co-founder of Railtown Brewing Company.

That began when Railtown Brewing Company approached Byron Station, LLC in May 2018 to notify the company that its brewpub’s name infringed on Railtown Brewing Company’s trademark. Railtown requested that the company change its branding and offered financing to assist in covering the costs of establishing a new name and brand.

“We said, basically, ‘We just want to make sure that you guys are going to be able to open your doors, and that a name change isn’t going to be the thing that keeps you from opening,’” Buiter said.

Byron Station, LLC refused that offer and continued to use the “Railbird” name, which led Railtown Brewing Company to reluctantly pursue a lawsuit.

“We’re relieved to have reached a settlement,” Buiter said. “In an industry where camaraderie and collaboration typically prevail, we’re disappointed that getting here had to take so long and involved attorneys.”

Now that the lawsuit is in the rearview, Buiter is looking forward to re-centering on what he and co-founder Gim Lee got into the business for.

“With this behind us, we can get back to focusing on what we love: beer,” Buiter said. “We wish the crew over at Alebird Taphouse and Brewery well. We’re excited to see what they bring to the growing Grand Rapids beer scene and the local Byron Center community.”

ARTICLES FOR YOU