Oh, Ale no: Decatur’s Ale Yeah! sued for trademark infringement

Posted by Dan Whisenhunt August 18, 2015
Photo obtained via http://www.aleyeahbeer.com/

Photo obtained via http://www.aleyeahbeer.com/

A Decatur craft-beer store has become the target of a federal lawsuit claiming it is infringing on a trademark held by another company.

LMR Restaurants, based in North Carolina, this month filed a lawsuit against Ale Yeah!, claiming the company is improperly using a trademark owned by LMR.

The company said it warned the two defendants named in the suit,  Francisco Vila and Eddie Holley, that the name Ale Yeah! was its trademark.

“Despite receiving LMR’s letter advising them of LMR’s rights, Defendants Villa and Holley refused to stop using the ALE YEAH! mark,” the lawsuit says.

Ale Yeah! has taken to Twitter to blast LMR for filing the lawsuit, calling the company a “bully.”

“You ask what’s this about? Being a bully, plain & simple,” the company said. “In the hopes to outspend us @LMRestaurants & @carolinalehouse had us served.”

Here is a copy of the lawsuit:

Ale Yeah

More Tweets from Ale Yeah! regarding the lawsuit …

About Dan Whisenhunt

Dan Whisenhunt is editor and publisher of Decaturish.com. https://www.linkedin.com/in/danwhisenhunt

View all posts by Dan Whisenhunt

  • lamkini

    Who owns the trademark?

    • Chris Moultrie

      Neither party owns the trademark. The likely result from the suit is that they’ll both be allowed to use it in different capacities (one for marketing in their restaurant, and another for the name of their bottled beer business).

    • Martha Cat

      the complaint linked in the article says LMR owns the federal registration

      • Eddie Holley

        LM owns the mark in the restaurant services category, which we did not oppose. We filed under the retail services category, a full 6 months before LM filed the mark that they do own, and were opposed by them. This suit is simply a bully tactic in hopes of outspending us as it completely ignores the ongoing 3 year trademark battle we have been fighting with LM. The lawsuit is baseless, disingenuous and frivolous. There are numerous examples of companies owning the same mark in different industries: Apple, Beretta. We ask for support from our local community and welcome the challenge.

  • DHH

    They should change their name to “Eat Mor Ale Yeah!” (obscure Chick fil a/Kale trademark case reference).

  • Martha Cat

    Let me get this straight. They are asked to stop using the mark by the owner of the federal trademark registration. They then go and start franchising other stores under the mark. They are sued. What did they think was going to happen when they started to license/franchise? Angels would appear and sing to them?

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