The Satyr image and name used by Jester King Brewing has embroiled two Texas craft brewers in a federal lawsuit.
Court Documents
Two noted Texas craft beer brewers are battling in federal court in Austin over Satyr — the Greek mythical creature with the face of a man and the horns, cloven feet and legs of a goat.
A brewer using the name and image of the half-goat half-man known for uninhibited use of alcohol apparently makes sense — so much so that both Austin-based Jester King Brewery and Porter-based Back Pew Brewing Co. are claiming rights.
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Goats are also known for their persistence, if not downright obstinate behavior, and a hearing is scheduled Wednesday in the case to see how stubborn the parties may be.
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Saints & Sinners Brewing Co., which does business in suburban Houston as Back Pew, sued Jester King in October after months of trying to talk the company out of launching its line of beers known as The Satyr, the company says in court filings.
Back Pew has been making a bock-style beer called Satyr’s Swill since 2016. Its Son of Satyr followed.
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While the logo for Jester King’s The Satyr portrays the head of a slightly demented-looking, dehorned Satyr, Back Pew’s Satyr’s Swill portrays a beer barrel with horns.
Court filing showing the horned barrel marker of Back Pew Brewing’s Satyr’s Swill.
Court Documents
Back Pew says in court documents it has invested time and effort into building a brand around the name and was nonplussed to find out last summer that Jester King planned to roll out the German-pilsner it dubbed The Satyr.
A handful of emails submitted in court filings show Back Pew CEO Bobby Harl Jr. attempted to make contact with his corporate counterpart, Jester King co-founder Jeffrey Stuffings, over the course of more than two months to settle the matter “between brewers.”
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To no avail, apparently, as it sent a cease-and-desist letter to Jester King in August. In it, Back Pew says it has spent tens of thousands of dollars creating goodwill and brand recognition and Jester King’s attempt to copyright The Satyr brand is trademark infringement that could cause consumer confusion.
“Given the near identity of the marks, identical products, overlapping consumers, and shared advertising channels, the potential for confusion is high,” it says.
Jeffrey Stuffings, founder of Jester King Brewery.
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Stuffings responded by accusing Back Pew of for years using Jester King’s logo mark, one of a barrel with horns and threatening its own cease-and-desist order.
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According to court filings, Jester King saw The Satyr as an important new and core beer for distribution across Texas.
“When Back Pew notified Jester King of its prior rights, Jester King did not rebrand; instead, it announced plans for broader distribution and filed its own federal trademark application the very same day,” attorneys for Back Pew say in court filings.
Jester King denied the allegation it was working in bad faith, but saw where the conversation was headed and didn’t want to engage in “fruitless” discussion. It denies threatening retaliation and “further asserts that we are not dicks.”
In an email response to questions, Stuffings said Jester King had been using the Satyr in its “artistic universe” since 2010.
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“We think craft beer drinkers are smart, sophisticated people who see our labels and know the beer is from Jester King,” he wrote.
Back Pew is suing for trademark infringement, unfair competition and unjust enrichment. It has asked a judge to prevent its adversary from selling the beer until the case has come to a conclusion.
It also alleges that before The Satyr, Jester King was known for mixed-culture and sour beers, an allegation answered in court filings by the company with “We Make IPAs Bro.”
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Wednesday’s hearing is likely to be mainly logistical, leading to discovery timetables and schedules for hearings including one for the preliminary injunction that, if approved, would bar Jester King from selling The Satyr.