Fairport, NY asked in Trademark and Intellectual Property for New York

Q: Is Brew Good, Do Good the same as Brew Good. Do Good as far as trademark

Subject: Request to Cease Use of Trademarked Phrase

Dear Michelle,

We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked phrase owned by our company, and its use in relation to coffee or coffee-related activities is unauthorized.

To avoid any misunderstandings, we kindly request that you remove any instances of "Brew Good. Do Good." from your website and social media accounts as soon as possible. We trust that you’ll handle this promptly, which will be sufficient for us at this stage.

We hope this matter can be resolved quickly and smoothly. Please note, however, that failure to comply could result in potential legal action under federal law, including liability for any damages or business derived from the unauthorized use of our trademark.

I was using brew good, do good for a fundraise program but since took everything down

3 Lawyer Answers

A: "BREW GOOD. DO GOOD." is a registered mark for coffee cups, mugs, pots, makers, and other coffee making accessories; and for beverages made of coffee. The registration is owned by Tampa's Team LLC dba Buddy Brew Coffee. Your use for a coffee blend, or anything related to coffee, is likely to be confusing as to source, and therefore infringing. The punctuation does not matter. It would be wise to cease such use in response to the demand.

Tim Akpinar , Sean Goodwin and Jack Mevorach agree with this answer

James L. Arrasmith
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Answered

A: When it comes to trademarks, minor differences like punctuation often don't make phrases distinct. "Brew Good, Do Good" and "Brew Good. Do Good" are likely viewed as the same in the eyes of trademark law. This means that using either version without permission could still infringe on the trademark.

Since you’ve already removed the phrase from your fundraising program, it’s a positive step towards resolving the issue. To ensure you’re fully compliant and to avoid future conflicts, you might want to review other materials for similar phrases or seek legal advice.

Moving forward, creating a unique slogan for your initiatives can help establish your own brand identity and prevent any misunderstandings. If you have further questions, consulting with a trademark professional can provide more personalized guidance.

Sarah Teresa Haddad
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Answered

A: If the trademark is already registered by a third party for a similar industry as yours, then the question is one of priority of use. Whoever can show that they used the trademark first in commerce in that particular industry, would have priority to its ownership.

The Cease-and-Desist letter you have quoted, appears to imply that the author company uses the trademark for a different industry where they have stated '..its use in relation to coffee or coffee-related activities is unauthorized'. Usually, a trademark owner for one industry and market, cannot enforce their rights to that trademark against a different industry and market.

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