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Canada: brewery rejects bottle design claims

A small British Columbian brewery has criticized a lawsuit brought by competitor Sleeman Breweries claiming ownership of its clear glass bottle design.
Dead Frog Brewery president Derrick Smith said …

A small British Columbian brewery has criticized a lawsuit brought by competitor Sleeman Breweries claiming ownership of its clear glass bottle design. Dead Frog Brewery president Derrick Smith said 27 November 2008 that Sleeman“s lawsuit was silly and a waste of time. “There are many similar clear glass bottles on the market,” Mr. Smith said in a news release. “Aside from our logo on the front it“s a relatively generic, utilitarian bottle design that protects the liquid happiness within”. Mr. Smith said Dead Frog not only distinguishes itself by having an embossed frog on the bottle but the contents taste, look and sound different than Sleeman. The company“s reaction to the lawsuit, however, is far from angry. Mr. Smith said the fact that Sleeman has noticed Dead Frog validates its place in the market. Dead Frog“s lawyer, Christopher Wilson, has filed a statement of defence and a counterclaim. “Dead Frog“s defence asserts that Sleeman does not have a monopoly on clear glass bottles, and that in any event the public is not likely to be confused because of Dead Frog“s prominent, slogans and frog logo,” Mr. Wilson said in a release.

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