While some maintain that the quality of beer is the only determining factor of a brewery’s success, you don’t have to look far before discovering a brewery leveraging amazing (sometimes controversial) branding to get their beer into consumer’s hands. And as the craft beer market has expanded, there are more examples of breweries using creative and artistic branding. But has this gone too far? Are breweries committing intellectual property theft?
The appeal of great beer is often equal to the appeal of great design. And when faced with over hundreds of packaged beer options, it is easy to be directly influenced by a logo or label design.But where is the line?
Many breweries have found inspiration in the design or ideas of others when designing their beer can and bottle artwork. From subtle to blatant, many breweries are leveraging visual appeal as a competitive edge. We’ve witnessed Lucky Charms, Super Mario Bros, Star Wars, and countless others. Where do you stand on? Let’s discuss.
What Is Intellectual Property Theft?
According to the FBI, Intellectual Property (IP) theft involves robbing people or companies of their ideas, inventions, and creative expressions—known as “intellectual property”—which can include everything from trade secrets and proprietary products and parts to movies, music, and software.
While that seems straightforward, nothing involving legality issues is ever simple. Intellectual property theft is often avoided because of the use of parody. So more or less, if someone is using the artwork in a form of comedic expression then intellectual property may no longer be protected.
And as you may guess, it takes lawyers and judges getting involved to decide what is parody and what is IP theft. However, in the court of public opinion, many have already decided what constitutes IP theft versus parody.
Intellectual Property theft is a major issue. Individuals and companies invest time, resources, and money into their creations. It is what sets their brand apart and has serious implications on their long term success. Protecting IP allows companies to control their public perception and the assets that bring them profit.
Is IP theft an issue in craft beer or is it a form of parody?
Intellectual Property Theft In Craft Beer
Just like any industry, intellectual property theft has created an ongoing conversation about what should be allowed. When it comes to the artwork side of this topic, I see two specific categories: breweries using similar branding as other breweries and breweries using artwork that resembles brands outside the beer industry.
Using branding of another brewery is the kind of intellectual property theft that I think breweries should be most concerned. Since the products are similar, it is very easy for consumers to not know who is who.
The other form of IP Theft is is tied to breweries using artwork that uses elements that resemble other non-beer brands. This would include everything from breakfast cereals to sports logos to movies.
This area becomes quite messy to determine what is IP Theft and was isn’t. Some say these situations fall under parody law. While others are certain this is IP Theft and shouldn’t be allowed.
My Issue With Craft Beer Artwork
While it is easy to tell when branding of a brewery matches another one too closely; it isn’t as easy to figure out if artwork is IP theft or parody.
From the outside looking in, it doesn’t appear the brands have an issue with what is happening. If Cease & Desist Orders are being sent to breweries then we would see a change in their strategy. However, breweries continue to use the same artwork which leads me to believe the companies aren’t fighting them.
My issue is the lack of consistency in which breweries are judged by us, the craft beer fans. We fall in love with one brewery’s use of someone else’s artwork and then immediately disparage another for doing the same thing.
A great example of this is how quickly people have ridiculed the branding of Smartmouth Brewing with their Lucky Charm beers while others get a pass. One such beer is the Java The Stout from Jackie O’s Brewery. This brewery makes high quality beer but I almost never hear anyone complain about the artwork that blatantly leverages the popularity of Star Wars. And I’m not saying I’m upset about it but rather I see an injustice in how breweries are judged.
We base our opinion on how much they like the brewery rather than holding everyone to the same standard. We use the same bias with the quality of beer. Breweries that we have a stronger fondness get the benefit of the doubt. While other breweries get our unfiltered raw critique.
But when it comes to stating a brewery is breaking laws with their artwork, there needs to be a consistent standard that each of us uses. If you feel like it is wrong for one then it is wrong for all. And if it is ok for one then it is ok for all.
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Final Thoughts
Great marketing is one of the elements of craft beer that I love. Discovering new brands is often just as fun as actually trying the beer. But I wonder how those outside craft beer view this issue. Do potential craft beer fans see this as fun and intriguing or cheap and potentially illegal?
Marketing is a great way for craft beer to get additional attention. Those not familiar with craft beer may see these trendy, controversial beer labels and become interested. It shows people that craft beer can be fun and approachable and not just for beer snobs.
Beer is one of the few drinks that can fit into every situation. It can be easy and approachable as well as serious and complex. Having “fun” beer labels is just another way that craft beer proves that it is versatile.
However, those thinking a Lucky Charms IPA will taste like sugary cereal will have a bad experience. This alone could have severely negative implications on whether this person continues in their craft beer journey.
I’ll leave the legalities up to those that can decipher laws but I would like to see craft beer fans better apply their opinions fairly to all breweries. Criticizing one brewery while another gets praised is confusing and inconsistent. I’m a fan of these labels and believe artistic expressions is always inspired by someone else’s work and beer labels are no different.
So where do you stand, are you fan of artwork that find inspiration in the work of other brands?