by eclewis | Apr 29, 2015 | IP Law
Balancing Trademark Protection and Public Relations
Originally posted April 29, 2015. Updated October 8, 2025.
Overview:
Trademarks exist to prevent consumer confusion, but asserting those rights is as much a business decision as a legal one. Left Hand Brewing’s bid to trademark “Nitro” for beer—met with swift resistance from major brewers and the craft community—shows how a defensible legal move can still damage brand perception. Before filing, weigh costs, competitors’ reactions, and customer sentiment. Smart branding protects names and logos—and reputation, too.
How to Balance Public Relations and Trademark Protection
Business is business, and the law is the law. Sometimes the combination of these two are unavoidable, even necessary, such as when it comes to business entity formation, contracts, licensing, permits, and the list goes on. In today’s electronic and technology-driven economy, intangible or intellectual property is becoming even more valuable than ever. When it comes to businesses, a lot of this comes down to their brand, their name, their slogans, which often use trademark protection to solidify and help protect these intangibles.
Trademarks as a system, were fundamentally designed to help avoid consumer confusion. That is ultimately the purpose. Trademark rights and protections are designed to prevent other businesses from coming up with products that use other business’ names, phrases, and sometimes even look and feel, sound, or color, which can cause consumers to buy something they thought was made by someone else because they were confused. Imagine a world without trademark protection. You’d probably never know for sure if those shoes with the Swoosh on them were actually made by Nike or not!
In an interesting local trademark story, a while back, Longmont-based craft beermaker, Left Hand Brewing Company, tried to register the trademark for the word “Nitro” as it relates to beer, after it came out with its Milk Stout Nitro beer. This is not the first time we have talked about craft brewery trademark issues, and it likely won’t be the last. Craft brewery trademark disputes are becoming more and more common.
In this case, the company wanted to use the word Nitro to distinguish its nitrogenated beers. It may seem like a harmless thing to do, but boy did it bring the company a lot of trouble. Other companies took action when they saw Left Hand trying to trademark the word, maybe you’ve heard of some of them, they include the makers of Budweiser, Samuel Adams, and Guinness!
Left Hand claimed it was doing it to prevent a bigger beermaker from ultimately registering the trademark, but due to the legal action from other brewers and the upset from the craft beer community over Left Hand’s actions, the company ultimately withdrew its efforts. Craft beer drinkers were upset that Left Hand was trying to essentially “own” the word Nitro as it relates to beer. Other brewers use nitrogen in their products too, and being such a clear choice for a descriptive word, it only makes sense to use it to differentiate it from traditionally carbonated products.
Let this be a lesson. Whenever your business is thinking about asserting intellectual property rights or trademarks over something, it is important to think of it not only as a legal decision but a business decision as well. Businesses must think about how these actions will impact their competitors and how they might respond. Additionally, the way existing and potential consumers of your business’ products may respond to the news is critical to consider too.
Even if you may have a valid legal claim to something, it may not always be the best business decision to pursue it to the fullest. Cost-benefit analysis is key to situations like this, and it is clearly a good idea to consider both the business and legal ramifications of the different courses of action available to you. Branding is about more than logos, names, trademarks, etc. It is about the image your portray as a company, and a growing component of that is how litigious the company is, especially if it can be perceived as an “unfair” or “unnecessary” use of the legal system.
Contact Denver business attorney Elizabeth Lewis
If your business needs help regarding a trademark, other intellectual property, or other business legal needs, do not hesitate to reach out to the Law Office of E.C. Lewis, P.C., home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Apr 15, 2015 | Misc. Legal Tidbits
Employee Paid Time Off
In an age of technology enabling new ways to conduct business anywhere on a smartphone and work-from-home opportunities for many workers, it can be difficult to disconnect and get away from your business or job. If you are trying to open a new business or keep a small-business going, it can be especially stressful to even think about taking time off or having employees take time off. The worries about who will pick up the slack or how can the business afford it are powerful concerns.
Recently, there have been some federal and state proposals to mandate that employers provide their workers with more opportunity to take job-protected paid time off that would essentially expand the Family Medical Leave Act. Simply put, FMLA already provides workers with job-protected leave that is unpaid for a personal or family member illness or after a baby is born.
Here in Colorado, there is a proposal that would have every worker pay several dollars a week from their paycheck to fund a program that would allow workers to apply for all or a portion of their wages to be paid by the program if they need to take time off for maternity/paternity leave, an illness, or other similar circumstance. The program would pay a portion of the workers normal income that would be higher for low-wage workers, and a lower portion for higher-wage workers. The idea is that it would be a way for more employees to get access to paid time off, without burdening businesses, especially small-businesses, with the cost of paying the worker while they are gone.
However, it seems that most businesses and business groups oppose the measure, citing the administrative costs in managing the deductions and payroll with such a program and the challenges associated with finding temporary replacements for employees on job-protected leave. Businesses also fear that if the paycheck deductions are insufficient to fund the program, that businesses will end up covering any deficits.
On the other end of the spectrum, there are many companies and small-businesses that say that their workers already have access to these kinds of benefits. They say that they make sure that their employees get the time they need through a time off plan that suits their employer-employee relationship on a more individualized level.
Another interesting approach is one from a Denver-based tech company, FullContact. They have an extraordinary vacation policy that they call “Paid, PAID Vacation.” With this approach, they give their employees a minimum of 15 days of vacation with full pay every year, but they also give each employee $7,500 to pay for the vacation itself. The only catch for getting the bonus is that employees must actually go on vacation, they must “disconnect,” and they cannot work during this time off. Part of the inspiration for this program came when the CEO and founder was on vacation in Egypt. He was riding on a camel, in Egypt, with the Pyramids in view, and he was staring at his smartphone. There is a framed photo commemorating this moment at the company’s office. The company has called it a “giant experiment” that is designed to reward their employees and also help the company through benefits like increased productivity and employee retention. FullContact has had this program since 2012, so it looks like the company is satisfied with the results of this experiment.
If your business has questions about laws covering employee time off or about having an employee handbook or policies drafted with legal issues in mind, don’t hesitate to reach out to the Law Office of E.C. Lewis, P.C., home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Apr 8, 2015 | Business News
Colorado Ranks Third Among U.S. State Economies
Colorado was recently ranked 3rd among US state economies by Business Insider. You can see the full report here. This is not too surprising since Business Insider also ranked CO as being the fastest growing state economy last year. A large part of the methodology of the new ranking, Business Insider was looking at factors such as GDP per capita, unemployment rate, weekly wages, and state government budget situation.
Naturally, all of these individual factors are significantly affected by the state of the energy market, especially for states like Colorado with significant oil and gas exploration and development. It’s interesting to note that North Dakota came in at #1 on this list and Texas at #2, two states that also have substantial energy-based economies. With the recent drop in oil prices and reduction in related jobs, it will be interesting to see how this impacts Colorado’s economy. We already discussed in a previous post about how the lower gas prices have increased hiring and business overall in other sectors of the economy.
So far, it has been reported that Colorado has not been significantly impacted by the drop in oil prices yet, at least as far as the recent data is able to show. However, this will not likely remain the case. It was reported that half of Colorado’s drilling rigs have not been in operation for months. Growth and other economic projections for the state’s future are not as bright as they once were. This is expected to increase unemployment, reduce GDP, and also reduce state tax revenues too.
Colorado does have a diversified economy, certainly much more so than say, North Dakota, and the state is expected to weather the storm in the energy market better than other areas, with continued growth and low unemployment rates continuing, just perhaps not quite as strong, into the future. After all, business confidence here in Colorado is still continuing to rise. Colorado is and will continue to be a top state for businesses both big and small.
If you have questions about legal matters for your business, don’t hesitate to reach out to the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Apr 1, 2015 | Business News
Full-Strength Beer & Liquor in Grocery Stores
Recently, there has been a greater push to allow grocery stores and other chains like Target to be able to sell liquor, wine, and full-strength beer at all of their locations. Currently, Colorado law only permits one liquor license per business for the entire state, which means that only one location of a chain of stores is able to sell liquor, wine, and full-strength beer. Other locations are limited to only being able to sell 3.2% beer and wine coolers. Now, supporters of this change are working to get the necessary signatures to take the measure to voters directly, rather than rely on the legislature to make the changes.
The possibility of change brings up opposing concerns from different groups around Colorado. Primarily, large supermarkets and other grocery chains would like to be able to provide their customers with a one-stop-shopping experience at all of their locations, to make shopping for groceries and alcohol more convenient for shoppers. However, due to the current laws, there are currently hundreds of locally owned and operated liquor stores peppered throughout the state to meet consumers’ demand. These small business owners are facing a potentially huge loss of business if these changes take place. They are worried that they will have to cut employees and potentially shut down altogether if they are competing with bigger grocers.
With Colorado being a hub for craft beer brewers, this too could present a difficult issue for them as well. Craft brewers may find it more difficult to get their products on the shelves of larger retailers and with potentially fewer, smaller liquor stores, which could hurt their businesses as well. At the same time, smaller liquor stores might be able to try leveraging their craft beer selection and expertise to keep consumers coming to them for their beer needs, instead of picking up something at the bigger grocery stores.
Some say that it is the local nature of liquor stores and breweries, which were influenced at least in part by the current laws, that encouraged Colorado’s independent craft beer culture. They don’t want to see that culture change and want to keep the jobs and revenue here in Colorado and going to Colorado businesses, instead of larger regional and national chains.
Either way, it will be interesting to see how this issue continues to develop.
If you have questions about legal matters for your business, don’t hesitate to reach out to the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Mar 25, 2015 | Business News
Appreciating your Customers and Clients
It cannot be put any more simply than to say that without your customers and/or clients, your business could not survive, so lets talk about ways that you can show your appreciation to them and increase their loyalty to keep them coming back again and again.
You can always consider sending out a handwritten thank you to your top clients to let them know how much you appreciate their business and that you are here for them if they need anything else. You may also think about hosting a client appreciation day of some kind where you offer to take them out to lunch or send out small gifts to them. Sometimes simply reaching out to them for a less formal check-up may be appreciated as a way of showing that you care about how they are doing personally and professionally.
If your business is “customer” rather than “client” based, consider issuing some coupons available for customers to get a discount when they come back next time. Not only are these incentives a relatively small effort on your part but also they can go a long way in forging long-lasting relationships. Such incentive programs do not have to be a drain on your business either; in fact, they can be a large source of long-term growth through customer loyalty and repeat business.
Speaking of customer loyalty, if you are ready to make a bigger step than offering one-time discounts, it may be time to consider developing a customer loyalty program. This could include offering discounts or free products after satisfying a particular number of purchases in a period of time or after meeting a certain dollar amount of purchases. These kinds of programs can be implemented with a variety of smartphone applications available for small businesses, so you do not have to develop one by yourself. This can be a great way to not only increase the quantity of your sales but it can also increase the quality of the overall experience for your customers. This will likely not only increase their customer loyalty, but it will also increase the likelihood that they will bring in their friends and family, write positive reviews online about your business, and tell others about your business.
Whatever you decide to do for your clients or customers, think about it from their perspective. If you were a client or customer, what would you appreciate and what would make you want to come back to that business or refer it to your friends and family? These ideas do not have to be expensive or complicated, but instead, they simply demonstrate how sincerely you value your patrons and want to keep them coming back.
If you need legal assistance for your small business, or if you are ready to start your own, do not hesitate to reach out to the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
