The West Sixth Logo on the left is the subject of a law suit for claimed similarities to the Magic Hat logo on the right.
Lexington, KY - Earlier this week, Magic Hat filed a motion for preliminary injunction related to its lawsuit against Lexington-based West Sixth Brewery, stating that the local brewery has launched “a massive advertising effort and social media smear campaign” that have “irreparably harmed Magic Hat’s good will, trademarks, customer and other relationships, and sales.”
The motion, which was filed in U.S. District Court, states that West Sixth’s advertising campaign has used “false and misleading statements” that have prompted the brewery’s customers to inundate five Magic Hat e-mail accounts with 75,000 “insulting and abusive" e-mails, in addition to posting negative comments on Magic Hat’s Facebook page. The motion also claims that Magic Hat retailers have been pressured by West Sixth supporters to stop carrying Magic Hat’s products.
“West Sixth orchestrated the advertising campaign deliberately and with malice in a concerted effort to destroy Magic Hat,” the motion stated. “The false advertisements have caused enormous financial damage, as well as irreparable harm, to Magic Hat’s good will, customer relationships, and brands.”
In an email response to a request for comment on the motion, West Sixth co-owner Ben Self said that the recent allegations were “completely without merit,” and the company has not altered its social media efforts in any way as a result.
“Everything we posted, we posted with the purpose of encouraging Magic Hat’s parent company to come forward and negotiate a reasonable settlement to their concerns, instead of filing a lawsuit,” Self stated in the email. “We maintain that we spoke nothing but the truth from the beginning, and yet they've accused us of lying to destroy their reputation. In actual fact, they're the ones who've been contacting distributors and individuals throughout the country accusing us of lying.”
A posting on West Sixth’s Facebook page since the motion was filed stated that Magic Hat has agreed to enter into a mediation session with a magistrate judge, which West Sixth expects to take place within the next few weeks.
“We have no idea whether or not they’re willing to start at a reasonable place, since they still won’t tell us any settlement terms they would accept,” the Facebook post states.
The motion follows a trademark infringement lawsuit filed by Magic Hat against West Sixth Brewing Company earlier in May, which held that West Sixth’s logo of an encircled No. 6 was “confusingly and substantially similar” to Magic Hat’s #9 beer logo.
Magic Hat is owned by North American Breweries, a division of Florida Ice and Farm Co., based in Heredia, Costa Rica.