Seven Stills Brewery & Distillery has been sent a cease and desist letter from In-N-Out Burger in response to one of the San Francisco-based brewery’s newest releases named In-N-Stout, a 13 percent ABV barrel-aged imperial “Neapolitan milkshake stout” brewed with chocolate, strawberries and vanilla.
While filled with multiple brewing and beer puns, the letter that arrived on July 12 makes it clear that In-N-Out Burger will protect its trademark and asks that Seven Stills stop “selling or promoting items featuring our marks” as well as remove “images of ‘In-N-Out Stout’ and any other items featuring our marks from your website and social media pages.”
“Please understand that use of our marks by third parties ales us to the extent that this could cause confusion in the marketplace or prevent us from protecting our marks in the future,” reads the letter. “We hope you appreciate, however, that we are attempting to clearly distill our rights by crafting an amicable approach with you, rather than barrel through this.”
Seven Stills has released beers with featuring art that is reminiscent of other company’s logos, including Peach Blunt and Juicy Mango, which are very similar to the packaging on Swisher Sweets cigars.
According to an article in The San Francisco Chronicle, Seven Stills co-owner Tim Obert says the company “expected to receive the cease and desist” and that it will be releasing the In-N-Stout beer with different packaging when it goes on sale at the brewery’s three locations today.