Believeland Files Trademark Complaint Against Believeland Beer Festival
Orange County – On March 27th, 2018, the Believeland website filed a trademark complaint against Cleveland’s Believeland Beer Festival for unauthorized use of the “Believeland” name. Believeland is a sports website that reports on sports news and sells apparel since 2008. The website owns three trademarks for the term “Believeland,” including for entertainment services and merchandise such as apparel and cups. Believeland originates from the Cleveland Browns football team.
Believeland Beer Festival was founded by Nathan Barnhart and Elaine Lau who have also planned events like the Rocky Run. By day, the married couple runs a business called Run Mfg, which organizing races such as the Cleveland Browns 5K race and more. Both are avid sports fans and Ohio natives. The sports themed event was planned for April 28th at a convention center in Cleveland.
The Believeland Beer Festival is based on Kansas City’s Boulevardia festival and would include a costume contest, a best pretzel necklace contest, two tasting sessions with more than 150 beers and 60 breweries, and former Cleveland Brown running back Earnest Byner as grand marshal. Barnhart says, “We want to bring something like this to Cleveland.” The Believeland Beer Festival has a polka fight song and describes the event as a magical place where anything is possible if you just believe.
The tickets for the Believeland Beer Festival ranged from $40 to $75 and included bonuses such as drink tickets, t-shirts, foam fingers, custom beer koozie, bottle opening keychains, superfan stickers, beer glasses, and other merchandise all sporting the “Believeland” name. The beer festival is also selling designated driver tickets for $20 and includes the foam finger.
Barnhart applied for trademarks with the U.S. Patent and Trademark Office for “Believeland Beer Festival,” “Believeland Beer,” and “Believeland Music Festival.” Although “Believeland Beer” is the only application that has not been denied and is still active.
In 2016, Believeland the website sent Barnhart a cease and desist letter saying that using “Believeland” would constitute trademark infringement and requested that he stop using the term “Believeland.” Supposedly, Barnhart has refused. Believeland is requesting that the term be removed from the festival and is suing for damages.
Posted in: Trademark Infringement