Stone v. Molson Coors Update: Stone Co-Founder, Molson Coors Archivist Testify
The trademark infringement trial between Stone Brewing and Molson Coors continues to grind along with more revelations daily via Courthouse News Service’s coverage. Highlights in recent days from the trial included testimony from Stone co-founder Steve Wagner and Molson Coors’ archivist.
Last week, Wagner testified that it would take tens of millions of dollars “to rebuild” the Stone brand due to the damage done by the Keystone Light rebrand. Asked what would happen if Stone isn’t made whole, Wagner stated: “I think we’re going to lose our company.”
On cross examination, Molson Coors attorney Daniel Lombard noted that Wagner was aware of Molson Coors’ use of “stone” to market its brand as early as 2010. Wagner replied that he didn’t take action more than a decade ago because it wasn’t his “area of responsibility,” one that would have fallen to co-founder Greg Koch.
In addition to Wagner, University of Washington professor of marketing Robert Palmatier testified that Stone would need “at least 100%” of the $42 million Molson Coors spent to rebrand Keystone Light to rebuild its brand, although that figure does “not account for lost profits or revenues.”
Palmatier added that following the Keystone Light rebrand – which separated the words “Key” and “Stone” – the latter word’s size on the package was increased by 1,600% when measuring surface area. According to Palmatier, Keystone Light’s rebrand and marketing had a “pre-shopping” effect on consumers and led to confusion and an association with the Stone Brewing brand. This resulted in Stone performing 5% worse than its competitors.
On Tuesday, Molson Coors archivist Heidi Harris testified that the company has used the term “30 stones” since 1995 to present day, as well as “stones” to promote the Keystone brand family, Courthouse News Service reported.
Harris said Molson Coors had used “stone” and “stones” in advertisements dating back to 1991. However, she said the company didn’t use the word “stone” on its beer packaging until the release of a 30-pack in 1995 and every 30-pack since had referred to “30 Stones.”
Jurors were shown a variety of promotional materials featuring the word “stone,” including T-shirts for NASCAR driver Wally Dallenbach Jr. in 1992, point of sale materials, sweepstakes, etc. On cross examination by Stone attorney Jeffrey Theodore, Harris acknowledged that the 2017 Keystone Light rebrand that separated the words “Key” and “Stone” on the can was different than previous efforts, but not from the packaging over the years.
Study: Alcohol Deaths Increased 25% in 2020
Alcohol-related deaths increased 25% in 2020 compared to 2019, during the first year of the COVID-19 pandemic, according to a study by the National Institute on Alcohol Abuse and Alcoholism and published in the Journal of the American Medical Association (JAMA) last week.
“Studies reported increases in drinking to cope with stress, transplants for alcohol-associated liver disease, and emergency department visits for alcohol withdrawal,” the JAMA reported.
According to the study, the number of alcohol-related deaths increased from 78,927 in 2019 to 99,017 in 2020, as well as the age-adjusted rate from 27.3 to 34.4 per 100,000 (+25.9%). The number of alcohol-related deaths increased from 2.8% of all deaths in 2019 to 3% in 2020.
Death rates increased for all age groups, but most among those aged 25 to 44, according to the report. The death rates were similar for men and women, although slightly higher for men.
The number of deaths for alcohol-associated liver disease increased 22.4%, and deaths for alcohol-related mental and behavioral disorders increased 35.1%. Opioid overdose deaths involving alcohol increased 40.8%, and overdose deaths involving synthetic opioids such as fentanyl increased 59.2%.
In 2020, 2,042 death certificates listed alcohol and COVID-19 as a cause of death, with 1,475 listing COVID as an underlying cause and 323 listing alcohol. “As such, only a small proportion of the increase in alcohol-related deaths involved COVID-19 directly,” the report found.
“Deaths involving alcohol reflect hidden tolls of the pandemic,” the JAMA wrote. “Increased drinking to cope with pandemic-related stressors, shifting alcohol policies, and disrupted treatment access are all possible contributing factors. Whether alcohol-related deaths will decline as the pandemic wanes, and whether policy changes could help reduce such deaths, warrants consideration.”
Russian River’s Pliny the Younger Release Set
The release of Russian River’s highly anticipated Pliny the Younger triple IPA (10.25% ABV) is set for March 25 through April 7 at the company’s pubs in Santa Rosa and Windsor.
In 2021, Pliny the Younger was only offered direct-to-consumer within California. The 2022 event was scheduled for February 7-14, but was postponed due to health and safety concerns.
With the release now set, Natalie and Vinnie Cilurzo laid out what to expect when Pliny the Younger officially drops, with their pubs opening each at 11 a.m. daily and closing at 10 p.m. Lines start forming as early as 5 a.m., with the weekend being the busiest days.
“Pro-tip: come Monday-Thursday to minimize your wait to get in,” they wrote. “Evenings, especially in Windsor, tend to taper off. Be prepared to wait six hours or more on a busy day, especially on weekends.”
The Cilurzos are also not here for line-cutting and security will be stamping hands each morning so holding spots won’t be allowed.
“Anyone caught line-cutting will be sent to the end of the line or asked to leave,” they wrote.
Guests will be given uniquely colored and dated wristbands with four pull-tabs to purchase three 10 oz. pours and two 510 mL bottles of Pliny the Younger. The limit is three draft Youngers per guest, and they are non-transferable. However, the bottle allotment can be transferred to other people in your party.
There will be no online release of Pliny the Younger bottles this year or sales in its gift shops. They will be sold at the pubs on a first-come, first-serve basis. Bottles will be allocated daily at each location to ensure availability through April 7. So, that allotment could sell out on a given day.
Each guest/party will be given a maximum of 2.5 hours at Russian River in order to allow its team to clean and sanitize tables between guests and keep the line moving.
All of the Pliny the Younger draft beer was sent to bars and restaurants in February and has been consumed. No additional kegs or bottles will be distributed.
Georgia Molson Coors Workers Ratify New Deal
About 500 IAM Local 2699 (District 131) members in Albany, Georgia, have ratified a new agreement with Molson Coors Beverage Company, according to the International Association of Machinists and Aerospace Workers.
The new agreement includes wage increases over three years, continued participation in the IAM National Pension Fund, and a more than 13% contribution by Molson Coors to members’ gross pay toward retirement funding.
Boston Beer Launches Truly Campaign Focused on Going Out
Boston Beer Company launched a new Truly Hard Seltzer advertising campaign focused on going out.
The company shared 15- and 30-second versions of the spot, kicking off the “Do It For the Flavor” campaign. The campaign aims to remind “drinkers of all the unexpectedly amazing things that can happen when they open themselves up to new, exciting experiences and discover new flavors of their own personality.”
The ads were produced by Goodby, Silverstein & Partners and directed by Dave Meyers.