PORTLAND — The city of Portland has ended its pursuit to wrest away a local brewery’s logo after getting shunned and criticized by brewers and businesses for assisting an “attack from Big Beer.”
Old Town Brewing has exclusive rights to use the leaping deer logo found on the city-owned Portland sign on beer-related products. It secured those rights from the U.S. Patent and Trademark Office in 2012, meaning anyone who wanted to use the logo on beer products would need Old Town Brewing’s permission.
The city hired a private trademark attorney and spent four years contesting Old Town Brewing’s exclusive rights, netting three straight denials from the federal trademark office. On Monday, however, city officials announced Portland will no longer seek to secure the trademark for use of the logo on beer, wine and liquor products.
In exchange, the Northeast Portland brewery will allow the city to license the image for certain local alcohol-related uses such as festivals, events and advertising for local trade organizations. Old Town Brewing will not allow use of the logo on any alcohol-related products or packaging.
Old Town Brewing owner Adam Milne said in a statement that Mayor Ted Wheeler’s engagement in the discussion changed the “tone and tenor” of negotiations from the more aggressive stance of city attorneys.
“I appreciate his support of local small businesses and of Portland craft brewing,” Milne said.
Wheeler said in a statement that resolving this trademark dispute was important so that the city and brewery could get back to their “core missions.”
“I am pleased that we have arrived at a mutually beneficial solution,” he said.
Portland devoted hundreds of hours and tens of thousands in legal fees to gain rights to the trademark.
The city of Portland obtained a state trademark two years ago to use the image on a variety of products, including beer products without consulting the local brewery. Federal trademark rights trump those granted by state agencies.
The city acquired the Portland sign in 2010 and secured the rights from the state to use the sign’s stag image on products other than beer the following year. City attorneys for years felt that entitled the city to sell the rights to companies to use the image on beer and alcohol products.
“This was a challenging process,” Milne said.
Portland’s charter prevents the city from entering a permanent agreement with Old Town Brewing, but this new agreement will stand for five years.
