"Beerman" Too Generic For Trademark Protection: Robert Donchez, a beer vendor at Coors Field who created the character "Bob the Beerman" to entertain the crowds, lost his trademark suit against the Colorado Rockies in the 10th Circuit. Donchez registered "Bob the Beerman" as a service mark, which "is any word or words used to identify and distinguish the services of one person from the services of others." After the team ran a series of advertisements without Donchez, but using the terms "beerman" and "beerstud" in reference to beer vendors, he sued for trademark infringement.



The courts did not buy what he was selling, however. The District Court granted a motion for summary judgment for the Rockies and the 10th Circuit affirmed. The appellate court ruled that the term "beerman" was no less generic than the two words that comprised it. It supported this through evidence that more than 75 percent of those surveyed in the Denver area thought the term "beerman" was a common or generic name.



The court also denied claims for violation of right of publicity. The full opinion can be read here.

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