By the end of May, a Fort Collins brewery will change its name permanently from Zwei BrÃ¼der Brewing to Zwei Brewing in order to avoid a costly lawsuit.
Just a few months after opening their business last August, brothers Kirk and Eric Lombardi received a cease and desist letter from a Chicago-based brewery called Two Brothers Brewing Company.
“We could have taken them to court,” said Kirk Lombardi. “But really we would have had to invest a lot of money in a legal fight that could have been used in more positive places.”
The Lombardis thought they were safe with the name Zwei BrÃ¼der, or “two brothers,” in German, but their dispute involves a deeper level of U.S. trademark law â€” the doctrine of foreign equivalents â€” which prevents the same name from being used in the same trademark category, even in two different languages.
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