FeedsBoston Beer attempts apology, fails
As reported at the Brookston Beer Bulletin, the Boston Beer Company has issued a statement titled "What really happened in Portland, Oregon: A Clarification." Think the arrogant title is bad? Wait, it gets better. Here's the entire statement:
The Boston Beer Company, brewer of Samuel Adams Boston Lager, wishes Portland City Commissioner Sam Adams the best of luck in his pursuit of higher office. And guess what – Samuel Adams Beer has in no way ever suggested that Sam Adams the candidate cannot use his own name. But, according to recent stories in the media, it sure hasn’t looked that way.A little history: last week The Boston Beer Company learned that an individual named Dave Anderson of Portland, Oregon had registered two domain names that featured the name Sam Adams. Not knowing his intent, we sent him a letter asking him not to use these sites. Next thing we knew, we had a call from the legal department at broadcasting conglomerate, Clear Channel, at which point we learned that Dave Anderson is a DJ at Clear Channel’s KEX radio and that a man named Sam Adams was indeed running for Mayor of Portland. We wish we had learned a little more about Portland’s race for mayor before sending out that initial letter, and for that we apologize.
Why did we ask Clear Channel and Dave Anderson not to use those domain names? In the past we have experienced times when individuals and organizations have tried to use our brand name for commercial purposes or to disparage our good name. We have learned that, as a small company, we need to protect our identity. At the least we wanted to prevent a situation where people looking for our Web site end up linked to
a radio station promotional site.On the other hand, there have been occasions over the years when individuals actually named “Sam Adams” have registered domain names that included the words Sam Adams, and we have had no quarrel with that.
Similarly, we believe that Sam Adams, the mayoral candidate, has every bit as much right to use his name as we do. Our namesake, the patriot Samuel Adams, stood for public service and free speech, and we do too. We hope these URLs will, in fact, be transferred to candidate Sam Adams where they rightfully belong.
Candidate Sam Adams – shout your name from the rooftops and your Web site!
While I'm glad that they're at least trying to apologize, I'm still really quite stunned that they can't just come out and say "We're sorry!" I know that this statement is trying to do that, but it really has just ended up pissing me the hell off. The "We wish we had learned a little more about Portland's race for mayor before sending out that initial letter, and for that we apologize." line just makes it worse. Do you remember that scene in the Addams Family when that creepy non-Addams lady is trying to get Wednesday to smile? That is the Boston Beer Company trying to apologize. The arrogance of the title, no earnest, actual apology, only a half-hearted attempt for one of their least offensive mistakes - you know what Boston Beer Company? Get off my lawn. In fact, get off of my street and get the hell out of our town. Presumptuous assholes. Either do that or prove that you're actually sorry and that you know what you're apologizing for.
Hat-tip to Rusty's Blog, who is saying that once the boycott ends he'll actually buy some Sam Adams and choke it down. I was planning on joining him but after this statement I'm not sure I will.
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Comments from site editors have a darker background than comments from everybody else.I don't know......Sounds to me like an endorsement.
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I think it's pretty clear from the letter that they have nothing to be sorry for. Someone who wasn't named "Sam Adams" registered two domain names and they took the appropriate action to protect an infringement of their trademark.
If Sam himself had registered the sites with his own offices contact information you can bet that we never would have heard a word about this little spat and everyone would have had a good laugh.
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One quick point:
They're campaign sites. It would be illegal for his office to register the domain and why would Sam register those domains himself? There's no reason to do that especially when he himself isn't making the website - in fact, there are good reasons NOT to do that. Besides, many domains these days are registered using protected contact information to prevent spammers from harvesting contact info from them.
My main objection, however, is to the presumption and arrogance of Boston Beer. Especially that they are issuing a correction to everybody who has been reporting on this.
Have you read the original letter? Or their follow-up responses to consumer complaints? They're all at this site and they just smack of the heavy-handed ignorant knee-jerk and down right stupid positions that so many large companies are taking these days.
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As I posted below, trademark law requires there be a likelihood of confusion in order to force someone to stop using a particular trademark. These sites fail every single factor for judging the likelihood of confusion. Even if Mark and Dave never meant to give the domains to the campaign, they're well within their legal right to have the sites.
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That's right: They could have used the sites as a parody to mock Sam Adams, or they could have used it as a critique site to attack him. Either way, it'd be a protected use - both under trademark law and free speech.
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Why hasn't anyone pointed out that the Boston Beer letter directly contradicts itself.
First they say that it wasn't until they received the letter from Clear Channel that they discovered that Dave Anderson works for a radio station. Clearly that was well after they'd sent the letter.
In the very next paragraph they reinvent history: "At the least we wanted to prevent a situation where people looking for our Web site end up linked to a radio station promotional site."
They can't possibly have both wanted to prevent people from ending up linked to a radio station promo site AND not have known that Dave Anderson had anything to do with a radio station until much later.
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Worst.Story.Ever. Cant believe I read the entire thing. I hope that "Michael" has a real day job because he sucks at this one.
Sam Adams (the brewer) was right in what they did. The only thing they should be apologizing for is their crappy beer.
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How exactly were they right? Even if they didn't intend to give the domains to Sam Adams, the sites and their domain name registrations clearly fail every single factor for judging likelihood of confusion. Moreover, since they have learned what Mark and Dave are doing with their sites, their response has been that of an arrogant asshole, "allowing" Sam Adams to use the domains, at least while he's running, as if he needs their permission.
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Is Google unknown to them? COME ON. They could have done a quick Google search and found out enough of the backstory to send a different kind of letter. This is a classic bullshit corporate response. I didn't drink their beer before and I'm sure not going to start now.
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This story is going to show up on every Fox affiliate in the country on a slow news night in the near future. I can see it now...
Boston brewer in hot water over grapple with local Dem
or maybe...
Tea party on the Willamette!
or
Big brewer "hops" on local candidate's bandwagon
ooo, I've got it...
Can local candidate be buds with big suds? Tune in at 10 for the gripping aftermath.
ugh.
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