Recently, Full Sail Brewing Company, a microbrewery in Oregon, sued the law firm of Georgia-based attorney Ben Sessions. The basis of the lawsuit is trademark infringement. It seems that Full Sail Brewing brews and sells a beer known as Session Lager. Session Lager has a distinctive diamond-shaped logo with the word “Session” written in a script font. It turns out that attorney Sessions uses a very similar diamond-shaped logo with “Sessions” spelled out in a very similar — if not identical — font. The irony is that attorney Sessions practices in the area of DUI law.
This issue will turn on whether or not there is a substantial likelihood of confusion between the two logos, and it remains to be seen how the federal court will rule. Regardless, it is important for companies to be aware of others who are pushing the envelope and potentially infringing upon their intellectual property.