N.B. Brewer Rebrands Beers After Copyright Complaint From Patagonia

FREDERICTON – A New Brunswick brewer has changed the names of his two most popular beers, at the insistence of a major outdoors outfitter crying copyright foul.

Wes Ward, the owner and founder of Graystone Brewing told Huddle that its first-ever brewed beer, Patagonia Pale Ale, and Patagonia IPA have been rebranded as Graystone IPA and Graystone Pale Ale.

“It’s our number-one beer, and it was our first brewed here. After [Patagonia Pale Ale]’s success, we did a Patagonia IPA,” explained Ward.

“It was the same recipe, we just amped everything up, more alcohol and more hops. They quickly became our top sellers.

Ward said the original names for the brews – and the idea to launch a brewery, to begin with – were inspired by a 2003 backpacking expedition in the rugged, mountainous South American region.

“We were down in the Patagonia region and one day we were trying to figure out how to keep traveling and raise money for a sailboat to sail around the world,” said Ward, who at the time was bartending at the Capital Complex (the Cap) – a business he eventually purchased and took over in 2006, after working there since 1998.

After waiting a few years to plan and launch the brewery, Ward said he was inspired by his trek into the Andes – and the growing popularity of New Brunswick’s craft brewing scene – and launched Graystone in July 2016, brewing Patagonia Pale Ale as its first brew.

However, Patagonia Outdoor Clothing & Gear had an issue with that.

Ward said the California-based outdoor retailer contacted him a little over two years ago, and that the decision to rebrand is the fruit of ongoing, behind-closed-doors collaboration with the help of the outfitter giant since then.

When it became clear he was willing to find a compromise, Ward said Patagonia was understanding and helpful throughout the process.

“They gave us a good length of time to dwindle down our stock, cans, labels and boxes,” Ward said.

“This has eaten up a lot of our headspace over the last couple of years. It’s not an easy thing to flip a switch and all of a sudden change the name of your flagship beer.”

Ward also had to line up new labels, boxes and branding, working with his supplier – Craft Coast Canning – to make the rebrand.

“I’ll definitely be glad when it’s all said and done. Anytime you do something like this, it’s not a cheap venture and it’s one of the reasons we asked for a lengthy time to dwindle down our stock,” he said.

While he admits the need to rebrand is frustrating, Ward said it got to a point where he understood the position Patagonia was in – and that he was in no position to settle the matter in court.

“You understand there’s no way of a different outcome than the outcome you have, so it is what it is.”

What’s In a Name?

This isn’t the first time an American company has objected to Ward’s choice of nomenclature.

Within two weeks of opening his brewery at 221 King Street, Ward was contacted by Escondido, California-based Stone Brewing Co., with objections to the fledgling brewery’s name at the time.

“When we first started Graystone, I knew nothing of trademarks. Their founder – they’re one of the top-ten-largest breweries in the states – called me to tell me I was in trademark infringement on the word, stone. He was a nice guy and gave me a couple of tips,” said Ward.

The solution to that issue was simply pushing what was originally two separate words [Gray Stone] into one phrase, and thus Graystone was born.

“He was okay with it, and that was my first introduction to trademark issues,” Ward said.

Aware, and eager to nip any other potential trademark issues on the horizon in the bud, Ward said he did his due diligence making sure the name of his flagship beer wasn’t stepping on the toes of any other brewers.

“I did a quick search and there wasn’t anything other than a beer made in Argentina that was named Patagonia,” said Ward, who employs 29 people at his brewery.

Since the Argentinian beer was brewed by a company owned by Anheuser-Busch InBev, Ward said if anyone, he was expecting the multi-national brewing behemoth to come after him – not a clothing company.

“It’s already tough to find a name that you’re happy with that isn’t already trademarked,” he said.

Originally, the Gray Stone – later, Graystone – was inspired by the rugged scenery of the Andes, early plans to use stone tap handles to pump kegs and Ward’s wife’s maiden name – Gray.

The brewery operates on a 10-barrel brew house and has 23 taps, selling Ward’s brews, in addition to numerous local beers and ciders.

Sam Macdonald is a Huddle reporter in Moncton. Send him your feedback and story ideas: [email protected].