Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011) OMB No. 0651-0050 (Exp 09/20/2020) Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field Entered SERIAL NUMBER 87505107 LAW OFFICE ASSIGNED LAW OFFICE 114 MARK SECTION
MARK FILE NAME https://tmng-al.uspto.gov/resting2/api/img/87505107/large
LITERAL ELEMENT MONTAUK HARD LABEL WHISKEY
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED Color is not claimed as a feature of the mark. (If applicable) The mark consists of "MONTAUK" is written in its own unique stylized lettering above a full shark jawbone, with shark teeth. The jawbones are portrayed in a realistic way, with granular type shading. The shark jaw is wide open, with the upper jaw on top and the lower part on the bottom; leaving an open area in the middle of the two jaw halves. Within the jaw opening the words "HARD LABEL WHISKEY" DESCRIPTION OF THE MARK (and Color Location, if applicable) are written. The words are written on top of one another starting with "HARD" on top, "WHISKEY" beneath it/in the middle, and "LABEL" on the bottom/below "WHISKEY". There are dividing lines between "HARD" AND "WHISKEY", and "WHISKEY" AND "LABEL". The lettering for "HARD" and "LABEL" are stylized in their own unique way, and the lettering for "WHISKEY" is also stylized in its own unique way. EVIDENCE SECTION
EVIDENCE FILE NAME(S)
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DESCRIPTION OF EVIDENCE FILE Request for Reconsideration after Final Action. ADDITIONAL STATEMENTS SECTION No claim is made to the exclusive right to use MONTAUK apart from the mark as DISCLAIMER shown. SIGNATURE SECTION
RESPONSE SIGNATURE /MES/
SIGNATORY'S NAME Marie E. Sobieski
SIGNATORY'S POSITION Associate Attorney, Ropers Majeski Kohn & Bentley, California Bar Member
SIGNATORY'S PHONE NUMBER 4089184512
DATE SIGNED 02/19/2019
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED YES FILING INFORMATION SECTION
SUBMIT DATE Tue Feb 19 17:44:36 EST 2019 USPTO/RFR-XX.XX.XXX.XXX-2 0190219174436635668-87505 107-6209268b7de1cec872a4f TEAS STAMP 444dc6d4642dbea92986b3ece 787e353b4b5a2153d59-N/A-N /A-20190219164806672202
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011) OMB No. 0651-0050 (Exp 09/20/2020)
Request for Reconsideration after Final Action To the Commissioner for Trademarks:
Application serial no. 87505107 MONTAUK HARD LABEL WHISKEY (Stylized and/or with Design, see https://tmng- al.uspto.gov/resting2/api/img/87505107/large) has been amended as follows:
EVIDENCE Evidence in the nature of Request for Reconsideration after Final Action. has been attached. Original PDF file: evi_1247132194-20190219164806672202_._RequestforReconsideration.pdf Converted PDF file(s) ( 122 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Evidence-7 Evidence-8 Evidence-9 Evidence-10 Evidence-11 Evidence-12 Evidence-13 Evidence-14 Evidence-15 Evidence-16 Evidence-17 Evidence-18 Evidence-19 Evidence-20 Evidence-21 Evidence-22 Evidence-23 Evidence-24 Evidence-25 Evidence-26 Evidence-27 Evidence-28 Evidence-29 Evidence-30 Evidence-31 Evidence-32 Evidence-33 Evidence-34 Evidence-35 Evidence-36 Evidence-37 Evidence-38 Evidence-39 Evidence-40 Evidence-41 Evidence-42 Evidence-43 Evidence-44 Evidence-45 Evidence-46 Evidence-47 Evidence-48 Evidence-49 Evidence-50 Evidence-51 Evidence-52 Evidence-53 Evidence-54 Evidence-55 Evidence-56 Evidence-57 Evidence-58 Evidence-59 Evidence-60 Evidence-61 Evidence-62 Evidence-63 Evidence-64 Evidence-65 Evidence-66 Evidence-67 Evidence-68 Evidence-69 Evidence-70 Evidence-71 Evidence-72 Evidence-73 Evidence-74 Evidence-75 Evidence-76 Evidence-77 Evidence-78 Evidence-79 Evidence-80 Evidence-81 Evidence-82 Evidence-83 Evidence-84 Evidence-85 Evidence-86 Evidence-87 Evidence-88 Evidence-89 Evidence-90 Evidence-91 Evidence-92 Evidence-93 Evidence-94 Evidence-95 Evidence-96 Evidence-97 Evidence-98 Evidence-99 Evidence-100 Evidence-101 Evidence-102 Evidence-103 Evidence-104 Evidence-105 Evidence-106 Evidence-107 Evidence-108 Evidence-109 Evidence-110 Evidence-111 Evidence-112 Evidence-113 Evidence-114 Evidence-115 Evidence-116 Evidence-117 Evidence-118 Evidence-119 Evidence-120 Evidence-121 Evidence-122
ADDITIONAL STATEMENTS Disclaimer No claim is made to the exclusive right to use MONTAUK apart from the mark as shown. SIGNATURE(S) Request for Reconsideration Signature Signature: /MES/ Date: 02/19/2019 Signatory's Name: Marie E. Sobieski Signatory's Position: Associate Attorney, Ropers Majeski Kohn & Bentley, California Bar Member
Signatory's Phone Number: 4089184512
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Serial Number: 87505107 Internet Transmission Date: Tue Feb 19 17:44:36 EST 2019 TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2019021917443663 5668-87505107-6209268b7de1cec872a4f444dc 6d4642dbea92986b3ece787e353b4b5a2153d59- N/A-N/A-20190219164806672202 In The United States Patent and Trademark Office
In re Application of ) Request for Reconsideration of Applicant: Montauk Hard Label, LLC ) Final Office Action ) Dated: August 23, 2018 ) Int'l. Class: 33 ) Examining Attorney: Suzanne Blane Serial No. 87505107 ) Law Office 114 Filed: December 1, 2017 ) Mark: MONTAUK HARD LABEL WHISKEY ) Applicant's Attorneys: (design mark) ) Robert A. Rivas, Marie E. Sobieski ~~~~~~~~~~~~·)
Suzanne Blane Trademark Examining Attorney USPTO Law Office 114 (571) 2702-5497 [email protected]
Dear Ms. Blane:
Montauk Hard Label, LLC ("Applicant") has received the Office Action dated August 23,
2018, in the above-captioned application for the design mark depicted above in Class 33 for
"whiskey" and seeking registration on the Principal Register.
In the Office Action, the refusal under Section 2(d) was continued and made final based on alleged likelihood of confusion with the mark MONTAUK LIGHT (Reg. No. 4399775). That mark was filed in connection with only "beer" in International Class 32 ("Prior Registration"), and originally issued on September 10, 2013 to McSully Enterprises, Inc. ("Registrant"). It was later assigned to Montauk Brewing Company, Inc. ("Assignee") on February 20, 2017.
Applicant herein submits further argument and evidence that there is no likelihood of confusion between Applicant's desired mark and the Prior Registration, and that there has been no confusion in the marketplace, and on that basis respectfully requests that the Examining
Attorney reconsider her refusal and reverse it, allowing Applicant's mark to proceed to registration.
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 12
I. CURRENT PENDING RELEVANT CANCELLATION PROCEEDINGS
Applicant wishes to bring to the Examiner's attention the current cancellation petition currently before the Trademark Trial and Appeals Board ("TTAB"). Applicant believes, and on those grounds has initiated proceedings, that the Prior Registration for MONTAUK LIGHT, issued September 10, 2013 is invalid and should be cancelled and stricken from the Principal
Register. To achieve this end, Applicant initiated a cancellation of the mark with TTAB on
September 9, 2018. This is specifically Opposition No. 92069479 ("Montauk Cancellation"), and which is incorporated hereto in full by reference and is attached as Exhibit 1.
A. The Pl'io1· Registrntion Has Been Abandoned
Applicant believes that Assignee has not used the MONTAUK LIGHT mark in commerce on the goods recited in the registration since 2015, and has therefore abandoned the mark. See Exhibit l ; see also Exhibit 2, Answer and Counterclaim filed November 6, 2017, in
TTAB Opposition No. 91236881 , initiated on September 20, 2017 ("Montauk Opposition").
A mark shall be deemed to be "abandoned" if its use has been discontinued with intent not to resume such use. 15 U.S.C. § 1127. Intent not to resume may be inferred from circumstances. Id. "Use" of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a tight in a mark. Id. The courts have established that abandonment occurs when there is: "(l) discontinuance of trademark use and (2) intent not to resume such use." Electro Source, LLC v. Brandess-Kalt-Aetna Grp., Inc., 458 F.3d 931 , 935
(9th Cir. 2006).
Nonuse of a mark for three consecutive years shall be prima facie evidence of abandonment. The last known use of the Prior Registration was by the Registrant on or around
March 27, 2015, more than three years ago, when it filed a Certificate of Label Approval
("COLA") with the Alcohol and Tobacco Tax and Trade Bureau ("TTB"). See Montauk
Cancellation. It is not clear whether the Prior Registration was ever actually used on goods put
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) P age 13 into commerce after that date. Further, there is no evidence that the Assignee has ever used the
Prior Registration, particularly as it has failed to file for a COLA since acquiring the mark. Id.
Assignee has been aware of the need to use the Prior Registration in order to maintain it, based on and at least as early as the Montauk Opposition filed in 2017, and has neve1theless failed to do so, establishing its intent not to use the Prior Registration.
On this basis, it is apparent that the Prior Registration has been abandoned.
B. Prior Regist1·ation is Geogrnphically Misdiscriptive
The Prior Registration should further be cancelled as it is geographically misdescriptive.
Under the Trademark Act, 15 U.S.C. §1052(e)(2), no trademark is to be granted to a mark which
"when used on or in connection with the goods of the applicant is primarily geographically deceptively misdescriptive of them[.]" Courts have confirmed that a geographic mark should be denied protection if (1) the mark misrepresents or misdescribes the goods; (2) the public would likely believe the misrepresentation; and (3) the misrepresentation would materially affect the public's decision to purchase the goods. In re California Innovations, Inc. , 329 F.3d 1334, 1336-
37 (Fed. Cir. 2003); see also In re Budge Mfg Co. , 857 F.2d 773, 775, 8 USPQ2d 1259, 1260
(Fed.Cir.1988).
The TMEP provides that a mark is to be refused as primarily geographically deceptive and misdescriptive if: (1) the primary significance of the mark is a generally known geographic location (TMEP §§1210.02-1210.02(b)(iv)); (2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark, i.e., purchasers would make a goods/place or services/place association (id. at §1210.03); (3) the goods or services do not originate in the place identified in the mark (id. at §§1210.04 - 1210.04(d)); and (4) the misrepresentation would be a material factor in a significant portion of the relevant consumers' decision to buy the goods or use the services (id. at §§1210.05(c) - (c)(ii)).
The TTB's COLAs for Assignee's existing line of beverages indicate that all are brewed
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 14 at the Wachusett Brewing Company, Inc. in Westminster, Massachusetts. See Exhibit 2. As
"Montauk" can be a geographic descriptor, using the term "Montauk" to describe beer brewed outside of the Montauk region, and indeed outside of the state of New York itself, is geographically deceptively misdescriptive. A purchaser would be likely to believe that the goods originate in the geographic place identified in the Prior Registration. These factors are likely to influence a relevant consumer's decision to buy those goods (see TMEP §1210.0l(b)), believing them to be made locally. Assignee has failed to use the Prior Registration, and even if it had, that use would be primarily and deceptively geographically-misdescriptive. 15 U.S.C. §§ 1052(e)(3) and 1064.
Further, there is no evidence that the Prior Registration has acquired distinctiveness based on use. Further, even if there were, "marks rejected under § l 052(e )(3) can no longer obtain registration through acquired distinctiveness under § 1052(£)." In re California Innovations, Inc. ,
329 F.3d 1334, 1340 (Fed. Cir. 2003).
For these and other reasons, the Prior Registration should be cancelled and Applicant's mark allowed to move forward to registration.
II. ARGUMENTS IN SUPPORT OF REGISTRATION
The Examining Attorney has continued her refusal to register Applicant's mark on the basis that, if registered, it would create a likelihood of confusion with the MONTAUK LIGHT
Prior Registration. Applicant respectfully disagrees with the Examining Attorney's decision as more fully set forth below.
A. Standa1·d fo1· a Dete1·mination of Likelihood of Confusion
A determination of likelihood of confusion between marks is determined on a case specific basis. In re Dixie Restaurants Inc. , 41 USPQ2d 1531 , 1533 (Fed. Cir. 1997). The examining attorney is to apply each of the applicable factors set out in In re EI. DuPont
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 15
DeNemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (CCPA 1973). The relevant du
Pont factors are:
(l) the similarity or dissimilarity of the marks in their entireties as to appearance,
sound, connotation, and commercial impression;
(2) the similarity or dissimilarity and nature of the goods or services as described in
an application or registration or in connection with which a prior mark is in use;
(3) the number and nature of similar marks in use on similar goods;
(4) the variety of goods on which a mark is or is not used; and
(5) the nature and extent of any actual confusion.
See id.
An examining attorney is required to look at the overall impression created by the marks, rather than merely comparing individual features. Mead Data Cent., Inc. v. Toyota Motor Sales,
U.S.A. , Inc., 875 F.2d 1026, 1029, 10 USPQ2d 1961 (2d Cir. 1989). In this respect, an examining attorney must determine whether the total effect conveyed by the marks is confusingly similar, not simply whether the marks sound alike or look alike. First Savings Bank F.S. B. v. First Bank
System Inc., 101F.3d645, 653, 40 USPQ2d 1865, 1870 (10th Cir. 1996) (recognizing that while the dominant portion of a mark is given greater weight, each mark still must be considered as a whole) (citing Universal Money Centers, Inc. v. American Tel. & Tel. Co. , 22 F.3d 1527, 1531 ,
30 USPQ2d 1930 (10th Cir. 1994)). Even the use of identical dominant words or terms does not automatically mean that two marks are similar. In General Mills, Inc. v. Kellogg Co. , 824 F.2d
622, 627, 2 USPQ2d 1442 (8th Cir. 1987), the court held that "Oatmeal Raisin Crisp" and "Apple
Raisin Crisp" are not confusingly similar as trademarks. Also, in First Savings Bank F.S.B. , supra, 101 F.3d at 653, 40 USPQ2d at 1874, marks for "First Bank" and for "First Bank Kansas" were found not to be confusingly similar. In Luigino 's Inc. v. Stouffer Corp. , 50 USPQ2d l 047 , the mark "Lean Cuisine" was not confusingly similar to "Michelina's Lean 'N Tasty" even though both marks use the word "Lean" and are in the same class of goods, namely, low-fat frozen food.
Concerning the respective goods with which the marks are used, the nature and scope of a
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 16 party's goods or services must be determined on the basis of the goods or services recited in the application or registration. See, e.g., H ewlett-Packard Co. v. Packard Press, Inc. , 281 F.3d 1261,
62 USPQ2d 1001 (Fed. Cir. 2002); In re Shell Oil Co. , 992 F.2d 1204, 26 USPQ2d 1687, 1690 n.4 (Fed. Cir. 1993); L&L Snack Foods C01p. v. McDonald's Corp. , 932 F.2d 1460, 18 USPQ2d
1889 (Fed. Cir. 1991); Octocom Systems Inc. v. Houston Computer Services Inc. , 918 F.2d 937,
16 USPQ2d 1783 (Fed. Cir. 1990); Canadian Imperial Bank of Commerce, NA. v. Wells Fargo
Bank, 811F.2d1490, 1USPQ2d1813 (Fed. Cir. 1987); Paula Payne Products Co. v. Johnson
Publishing Co., 473 F.2d 901 , 177 USPQ 76 (C.C.P.A. 1973); see generally TMEP
§1207.0l(a)(iii). Moreover, circumstances suggesting care in purchasing may tend to minimize likelihood of confusion. See generally TMEP § 1207.0l(d)(vii).
The Applicant applied to register the MONTAUK HARD LABEL WHISKEY design mark, which prominently includes a skeletal shark jaw, while the Prior Registration is for the word mark MONT AUK LIGHT. First, it must be noted that the marks create a separate and distinct commercial connotation, especially in consideration of Applicant's stylized mark.
B. Dissimilal'ities in the Ma1·k's Appearance and Connotation Suggests No Likelihood of Confusion with Prior Registrntion
With respect to the first du Pont factor dealing with the similarity of the marks, the
Examining Attorney must compare the marks in their entireties as to appearance, sound, connotation, and commercial impression to dete1111ine the similarity or dissimilarity between them. Palm Bay Imports, Inc. v. Veuve Clicquot Ponsardin Maison Fondee EN 1772, 396 F.3d
1369, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005), quoting In re E.I. du Pont, supra, 177 USPQ at
567. "The proper test is not a side-by-side comparison of the marks, but instead 'whether the marks are sufficiently similar in tenns of their commercial impression' such that persons who encounter the marks would be likely to assume a connection between the parties." Coach Servs.,
Inc. v. Triumph Learning LLC, 101USPQ2d1713, 1721 (internal citation omitted). Similarity in meaning or connotation is a primary factor in determining whether the marks are confusingly
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 17 similar. See In re EI. du Pont, supra, 476 F.2d at 1361, 177 USPQ at 567; In re Cynosure, Inc. ,
90 USPQ2d 1644, 1645-46 (TTAB 2009). The focus is on the recollection of the average purchaser, who nonnally retains a general rather than a specific impression of trademarks. See
Inter IKEA Sys. B. V v. Akea, LLC, 110 USPQ2d 1734, 1740 (TTAB 2014); Sealed Air C01p. v.
Scott Paper Co., 190 USPQ 106 (TTAB 1975); In re Ass'n ofthe US. Army, 85 USPQ2d 1264,
1267-68 (TTAB 2007); In re Cont'! Graphics Corp. , 52 USPQ2d 1374, 1375 (TTAB 1999).
1. The Ma1·ks Appear Different and Distinct
Although marks must be considered in their entireties, it is settled that one feature of a mark may be more significant than another, and it is not improper to give more weight to this dominant feature in dete1mining the commercial impression created by the mark. In re National
Data C01p., 753 F.2d 1056, 224 USPQ 749, 751 (Fed. Cir. 1985) ("There is nothing improper in stating that, for rational reasons, more or less weight has been given to a paiticular feature of a mark, provided the ultimate conclusion rests on consideration of the marks in their entireties.
Indeed, this type of analysis appears to be unavoidable.").
The Prior Registration consists of the plain wording "MONT AUK LIGHT." As provided in Applicant's prior Office Action response and below, the mark was used by the Registrant on their beer product, sold in their restaurant and in cans. The mark's use was in conjunction with
"Southampton Publik House" and the can features the description "a light bodied, full-flavored lager[,]" where a "lager" is a type of beer conditioned at a low temperature. See Exhibit 3.
Even though the wording of Applicant's logo mark is similar in part to the literal portion of the Prior Registration, in comparing the marks the Examining Attorney cannot overlook the prominent design pmtion of Applicant's mark, most specifically the presence of an open skeletal shark mouth surrounding the wording HARD LABEL WHISKEY. This image is prominent and is a feature of Applicant's marketing and advertisement, further distinguishing it from the Prior
Registration, which has never appeared with this feature. Because MONTAUK can be a
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 18
geographic descriptor, this is unlikely to be a focus of the average consumer's attention. Instead, that potential purchaser is likely to focus on the striking graphics of Applicant's Mark, or the
HARD LABEL phrase.
The wording WHISKEY in Applicant's mark has an immediate association with whiskey as a beverage, which the average consumer would not expect to find associated with the
Assignee's goods, namely beer. Additionally, HARD implies or conveys hard alcohol (spirits), such as whiskey, and therefore further directs a consumer away from associating the mark with beer. When the marks are considered in their entireties, they are visually very different. The graphic elements of a mark additionally contribute to the overall commercial impression of the mark, as discussed below.
2. Simila1· Mat·ks in Use on Simila1· Goods
The Prior Registration is in Class 32 for "beer," and Applicant's mark is in Class 33 for
"whiskey. 11 These goods are unique, and do not overlap. Merely because they are both alcoholic does not negate that they are separate and distinct. Innumerable alcoholic beverages with similar, even identical, names are permitted to exist in Classes 32 and 33.
For example, the TTAB reversed am examiner's refusal to register REUBEN'S BREWS
(and design) in Class 32 for beer, despite the prior registration of RUBENS (and design) in Class
33 for wine. Jn re Reubens Brews LLC, Serial No. 86066711 (Oct. 27, 2015). The TTAB found the marks to be different in appearance, meaning, and commercial impression, even though they were similar in sound. After considering evidence of manufacturers producing both beer and wine, an overlap in trade channels, and similar price points, the TTAB acknowledged that the
"record establishes that there is some degree of relationship between beer and wine. 11 However, the TTAB also conceded that the US PTO "has in the recent past taken inconsistent positions when it comes to likelihood of confusion between marks for beer and wine[.]" Id. , citing Cf Jn re
Waverly In c., 27 USPQ2d 1620, 1623 (TTAB 1993) ("While superficially it may be easy to
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 19 dismiss these registrations, as we often do, on the basis that the records of those registrations are not before us and that each case must be decided on its own merits, it certainly does appear that the Office has in the past taken a different position with respect to marks of the nature of applicant's. Suffice it to say that Office practice has resulted in inconsistent treatment of
[proposed marks] which are very similar in nature to applicant's."). The TT AB ultimately found in favor of the applicant, and reversed the refusal to register. The TTAB emphasized that the finding was based on the "overall differences between the marks in their entireties."
Here, the marks, when considered in their entireties, engender different overall commercial impressions. Applicant believes that, on balance, the differences between the marks in appearance, meaning, and commercial impression outweigh the similarity in sound. This finding is buttressed by Applicant's present argument that there are numerous cases in which two different entities have registered, for beer and non-beer alcoholic beverages respectively, highly similar marks that are distinguished only by the addition of a desc1iptive/generic term:
Bee1· Non-Beer Alcohol
EPIPHANY ALE EPHIPANY Reg. No. 3873558 Reg. No. 2497018 HOURGLASS ALE HOURGLASS Reg. No. 3661738 Reg. No. 2764766 CABIN FEBER ALE CABIN FEVER Reg. No. 3180241 Reg. No. 3850067 SCHNEIDER WEISSE SCHNEIDER Reg. No. 3421671 Reg. No. 2427705 BLACK EYE ALE BLACKEYE ZIN Reg. No. 2667078 Reg. No. 3363470 CLASSIC DARK CLASSIC CAB (and design) Reg. No. 1883835 Reg. No. 3650313 THE ROCKY MOUNTAIN LEGEND ROCKY MOUNTAIN VINEYARD S Reg. No. 1671293 Reg. No. 2233621 HOP ODYSSEY ODYSSEY Reg. No. 4627043 Reg. No. 2344297
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 110
BARREL BOTTLE BARREL BLEND Reg. No. 0995937 Reg. No. 3332980
In view of the above, the first du Pont factor weighs in favor of Applicant's position that there is no likelihood of confusion between the marks.
Looking also to additional du Pont factors, specifically relating to "any other established fact probative of the effect of use," each case must be decided on its own specific set of facts, and the Examining Attorney is not bound by the actions of prior examining attorneys. Towards that end, Applicant highlights the fact that the USPTO has registered identical or substantially similar marks, one for beer and the other for non-beer alcoholic beverages, that are again owned by separate entities: Bee1· Non-Bee1· Alcohol
BLIND FAITH BLIND FAITH Reg. No. 2011128 Reg. No. 2859391 BLUE MOON BLUE MOON Reg. No. 311 9888 Reg. No. 2224435 ALAMO ALAMOS Reg. No. 2196136 Reg. No. 2783556 BIGKAHUNA THE BIG KAHUNA Reg. No. 3671520 Reg. No. 3463202 STEELHEAD STEELHEAD RUN Reg. No. 2950860 Reg. No. 1400616 ALCHEMY ALCHEMY Reg. No. 4077587 Reg. No. 4031173 BLACK WIDOW BLACK WIDOW Reg. No. 4368199 Reg. No. 3965682 DUCK DUCK GOOSE DUCK DUCK GOOSE Reg. No. 4361528 Reg. No. 3710203 FATHOM FATHOM Reg. No. 4071615 Reg. No. 3119923
Many of these registrations are of relatively recent vintage, and this evidence is illustrative of the fact that the US PTO has in the recent past taken a lenient view when it comes to finding likelihood of confusion between marks for alcoholic beverages.
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 111
It is further wo11h noting that other brewed beverages with similar names have been allowed to register as recently as December 4, 2018. Specifically, MONBREWCHA
MONTAUK BREWED KOMBUCHA (Reg. No. 5620661) was registered within the past two months in Class 30 for "kombucha tea." The Examining Attorney has put forth that the average consumer is likely to confuse the marks in pa11 because, "while different kinds of alcohol on their face, are strongly related and commonly originate from the same source." However, Applicant provides evidence, attached hereto as Exhibit 4, that kombucha beer is common, well-known, and is also widely produced and distributed by breweries who currently produce beer. Thus, a parallel argument could have been made that the MONTAUK-containing kombucha mark should not have been registered at all. Yet that application did not receive any Office Action and was allowed to register.
Kombucha tea cannot be easily distinguished from alcoholic kombucha:
Bottles were flying off the shelves until the summer of2010, when the Food and Drug Administration and the Treasury Department investigated the alcohol content of the non-alcoholic [kombucha] drink-oddly enough, partially initiated by the suspicion that kombucha tea set off Lindsay Lohan's alcohol-monitoring bracelet. Not all kombucha rang un under 0.5% ABV; most hovered around 1.5%. The Feds forced kombucha tea makers to either refornrnlate their recipes or apply for brewery licenses[.]
Exhibit 4. Indeed, the popularity of alcoholic kombucha tea, and kombucha ale and beers, is steadily increasing:
The bubbling concoctions are actually a new kind of sour ale, one that blends two ancient traditions and is creeping into New York's craft beer scene. At Beyond Kombucha [ ... ], Theofilatos crafts kombucha ale, a kombucha-beer hybrid. And the NYC culinary scene's taken notice: Maya Roka, his maple-vanilla rooibos kombucha ale, has a regular tap at Brooklyn's Bierkraft and Manhattan's Colicchoio & Sons.
Id.
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page I 12
The Examiner previously noted that there was "strong evidence of beer sharing a common source with whiskey and other distilled spirits. [ ... A]rticles about the alcoholic beverage industry discuss breweries that have expanded into the distilling of spirits and liquors."
Just as the she has noted that these examples are "but a representative sample of the many articles about brewers distilling spirits and liquors[,]" so too does Applicant assert that there are numerous examples available evidencing the rise of kombuchas made by beer brewers. See, i.e.,
Exhibit 4. The attached news articles show the expansion of breweries into making kombucha is an emerging trend, evidencing that the potential for expansion from the beer market to kombucha or other distilled liquor market is possible. But there is no evidence that the USPTO have been using this rising trend to refuse registration~ particularly where, contrary to the Examiner's assertion that "both applicant's and registrant's identification cover a wide range of goods[,]" evidence shows that both marks are very limited both in their descriptions and in the marks themselves.
Similarly, MONTAUK KITCHEN was allowed to register as of March 13, 2018 in Class
30 for "marinades, spices, barbecue dry rub, and sauces." Applicant directs the Examining
Attorney's attention to Exhibit 5, which shows that numerous breweries, including well-known and big-name beer producers that co-brand marinades and sauces. Following the logic the
Examiner has put forward to refuse MONTAUK HARD LABEL WHISKEY, that the origin of these goods might be mistaken given the connection in the eyes of the consumer with beer and these related products. Both of these similar marks were allowed without apparent US PTO concern. Thus, it appears as though the Examiner has applied different guidelines to airnlogous products, to Applicant's dettiment.
Applying the standards as enumerated above, it is clear that confusion is not likely to exist between Applicant's mark and the Prior Registration, and that far more similar registrations have been allowed previously by the USPTO and even the TTAB. As such, Applicant's mark is entitled to register despite the existence of the Prior Registration.
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 113
3. The Marks' Connotations ue Separate and Distinct
The meaning or connotation of a mark must be further considered in relation to the named goods or services. Even marks that are identical in sound and/or appearance may create sufficiently different commercial impressions when applied to the respective parties' goods or services so that there is no likelihood of confusion. See, i.e. , Jn re Sears, Roebuck & Co., 2
USPQ2d 1312, 1314 (TTAB 1987) (holding CROSS-OVER for bras and CROSSOVER for ladies' sportswear not likely to cause confusion, noting that the term "CROSS-OVER" was suggestive of the construction of applicant's bras, whereas "CROSSOVER," as applied to registrant's goods, was "likely to be perceived by purchasers as either an entirely arbitrary designation, or as being suggestive of sportswear which "crosses-over" the line between informal and more fonnal wear[ ... ] or the line between two seasons"); Jn re British Bulldog, Ltd., 224
USPQ 854, 856 (TTAB 1984) (holding PLAYERS for men's underwear and PLAYERS for shoes not likely to cause confusion, agreeing with applicant's arguments that the term
"PLAYERS" implies a fit, style, color, and durability suitable for outdoor activities when applied to shoes, but "implies something else, primarily indoors in nature" when applied to men's underwear); Jn re Sydel Lingerie Co., 197 USPQ 629, 630 (TTAB 1977) (holding BOTTOMS
UP for ladies' and children's underwear and BOTTOMS UP for men's clothing not likely to cause confusion, noting that the wording connotes the drinking phrase "Drink Up" when applied to men's clothing, but does not have this connotation when applied to ladies' and children's underwear).
Here, the connotations of the marks in relation to the variety of goods are separate and distinct. The Prior Registration inherently implies it is for beer, as the term "light" in the beverage context is used in connection to light beer. "Light" (or sometimes "lite") specifically describes beer which has a lower carbohydrate content than typical beer, a desired trait for some consumers who are particularly concerned with their sugar consumption. As previously brought to the Examiner's attention, there are numerous light beers on the market, such as Bud Light
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page I 14
(Reg. No. 1261 873), Coors Light (Reg. No. 1684609), Corona Light (Reg. No. 1727969), Busch
Light (Reg. No. 1573711), and Heineken Light (Reg. No. 4503801).
In comparison, Applicant's mark is limited, both in description and in its very nature, to whiskey. Consumers readily appreciate the difference between beer and other alcoholic beverages, particularly distilled liquor, which typically are consumed in smaller quantities and command a higher price in the market. Applicant's desired mark therefore gives a separate and distinct connotation than that of the Prior Registration, and evokes different ideas and imagery, particularly with inc01poration of the skeletal shark's mouth and use of the specific term
WHISKEY. While the Examining Attorney has stated that these are linked in the mind of the consumer and likely to cause confusion, similar related goods have been granted registration, as referenced above. Applicant therefore reasserts that the connotations of Applicant's marks are entirely distinguishable from that of the Prior Registration such that confusion is not likely.
As such, although the marks use the similar designation "MONTAUK ," both in stylized format and otherwise, it is respectfully submitted that based upon the other elements in the
Applicant's mark as well as those in the Prior Registration, the respective marks clearly create a separate and distinct commercial impression apart from one-another, namely, the spirit whiskey versus a light beer. Accordingly, based upon the distinctions between the appearance and, most importantly, the connotation of Applicant's mark, and in consideration of the other evidence of record, Applicant respectfully submits that this du Pont factor strongly favors finding against likelihood of confusion.
4. The Marks Contain Unshared Terms
Because the marks contain an unshared tenn, they are less likely to be confused. The only similarity between the two marks is that they share the weak term MONTAUK. Further, in
Applicant's mark, the word MONTAUK is but one of many words with questionable prominence in light of the shape and layout of the mark's other wording. The TMEP specifically states that
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page I 15
"[ i]f the common element of two marks is 'weak' in that it is general, descriptive, or highly suggestive of the named goods or services, consumers typically will be able to avoid confusion unless the overall combinations have other commonality." TMEP §1207.0l(b)(viii). Hence, the
TMEP specifically provides that "consumers typically will be able to avoid confusion" in circumstances such as these ones. In short, the visual characteristics of Applicant's MONTAUK
HARD LABEL WHISKEY mark and the Prior Registration are dissimilar, such that confusion is not likely.
C. Dissimiladty Between the Marks' Respective Goods Themselves
In connection and related to the above argument, when comparing the goods of Applicant and the goods of the Prior Registration, it is apparent that Applicant's goods differ significantly from the goods of the cited marks. Applicant provided detailed explanations on this point in its response to the prior Office Action, but in short, Applicant uses the mark exclusively in connection with the spirit whiskey, as clear in the mark itself. Montauk Brewing Company, the owner of the Prior Registration, has rights to the mark only in connection with beer.
Although the evidence presented by the Examining Attorney somewhat suggests that the marks' goods are related in that some breweries produce hard alcohol, such as possibly whiskey, there is no evidence that such overlap exists here between Applicant's mark and the Prior
Registration.
It is respectfully submitted that there is little, if any, relation between Applicant's goods and the goods that could be, but do not actually appear to be, sold by the owner of the Prior
Registration. As such, this du Pont factor also favors a finding of an absence of a likelihood of confusion.
D. Sophistication of the Pm·chasers
Applicant requests that the Examiner reconsider her refusal in pait based on alleged
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page I 16
unsophistication of consumers. Circumstances suggesting care in purchasing minimize the potential for a likelihood of confusion. See, e.g., Jn re N.A.D., Inc., 754 F.2d 996, 999-1000, 224
USPQ 969, 971 (Fed. Cir. 1985) (concluding that, because only sophisticated purchasers exercising great care would purchase the relevant goods, there would be no likelihood of confusion merely because of the similarity between the marks NARCO and NARKOMED); Jn re Homeland Vinyl Prods., Inc., 81 USPQ2d 1378, 1380 (TTAB 2006).
As the TTAB has previously stated, "[ w]hile it is clear that tequila and wine are both beverages that contain alcohol, not even an unsophisticated purchaser would mistakenly buy one expecting the other." Jn re Proximo Spirits, Inc. , Serial No. 85865962 (Mar. 16, 2015) (not precedential). The same is true here, as the products in question are typically beer and the distilled spirit whiskey.
As noted above, the Prior Registration is no longer in use, so consumers are unlikely to apply any assumption as to a connection between Applicant's goods and the Prior Registration.
But even if Prior Registration was in use, the differences Applicant has addressed lead to distinct and separate commercial impressions, and in combination with at least a base level of sophistication of the purchasers, a reasonable level of care can be assumed. The average purchaser would exercise a reasonable level of judgment in choosing Applicant's whiskey sold under its mark as apart from the goods previously sold under the Prior Registration, therefore minimizing any likelihood of confusion. See TMEP § 1207.01 ( d)(vii).
As such, it is suggested that this du Pont factor also favors registration of the instant mark.
E. The Pl'io1· Registrntion is Weak
Where many similar marks already coexist, confusion from one more additional mark is unlikely. See Jn re E.1. du Pont, 476 F.2d at 1361. The Prior Registration is weak, making confusion between it and Applicant's mark unlikely. The Trademark Trial and Appeal Board
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page 117
("TT AB") has held that " [w ]here a party uses a weak mark, his competitors may come closer to his mark than would be the case with a strong mark without violating his rights." Jn re Cent.
Soya Co. , Inc. , 220 U.S.P.Q. 914 at ':'4 (TTAB Jan. 18, 1984).
The strength of a mark "varies along a spectrum from very strong to very weak," and
"evidence of third-party use bears on the strength or weakness" of a mark. Juice Generation, Inc. v. GS Enters, LLC, 794 F.3d 1334, 1338 (Fed. Cir. 2015) (internal citations omitted). In determining strength of a mark, or a portion thereof, the court considers both its inherent strength based on the nature of the term itself and its commercial strength based on use in the marketplace. See Jn re Chippensales USA, Inc., 622 F.3d 1346 (Fed. Cir. 2010) (measuring a mark's strength both by conceptual strength and marketplace strength). Third-party use of the mark can be used to show that a mark or portion thereof has a desc1iptive or suggestive meaning, leading to the conclusion that it is weak. See Juice Generation, 794 F.3d at 1334 (weakness of
PEACE, LOVE); Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New
Millennium Sports, S.L. U., 797 F.3d 1363 (Fed. Cir. 2015); Tektronix, Inc. v. Daktronics,
Jnc.,534 F.2d 915 (1976) (even if "there is no evidence of actual use" of third-party registrations, such registrations "may be given some weight to show the meaning of a mark in the same way that dictionaries are used"). And "[w]here a party chooses a trademark which is inherently weak, he will not enjoy the wide latitude of protection afforded the owners of strong trademarks." Sure
Fit Products Co. v. Saltzson Drapery Co., 254 F.2d 158, 117 (1958). An applicant may come closer to a weak mark without causing a likelihood of confusion. Juice Generation, 794 F.3d at
1339.
The Examiner has acknowledged the weakness in the Prior Registration: "[R]egistrant's mark is registered under 2(f), meaning the entire mark was initially found to be descriptive[.]"
Further, the Examining Attorney has established that MONTAUK is at least geographically suggestive, further weakening it, and Applicant has presented significant evidence of unhindered use of MONTAUK on the market. Such extensive third-party use of a term in the marketplace is evidence of a term's weakness and weighs in favor of narrowing the scope of its protection
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page I 18
against subsequent applications. See Pizza Inn, Inc. v. Veuve Clicquot Ponsardin Maison Fondee
En 1722, 396 F.3d 1369 (Fed. Cir. 2005). "In a crowded field of similar marks[ ... ] customers will not likely be confused between any two of the crowd and may have learned to carefully pick out one from the other." Miss World (UK), Ltd. v. Mrs. America Pageants, Inc., 856 F.2d 1145
(9th Cir. 1988); see In Re Broadway Chicken Inc., 28 U.S.P.Q.2d 1559 (TTAB 1996) ("Evidence of widespread third-party use, in a particular field, of marks containing a certain shared tem1 is competent to suggest that purchasers have been conditioned to look to the other elements of the marks as a means of distinguishing the source of goods or services in the field"). Simply because the marks have not applied for or been registered does not dismiss that they exist in the marketplace, and instead cuts against the enforceability and legitimacy of the Prior Registration, as it has failed to police its mark. See, i.e., FreecycleSunnyvale v. Freecycle Network, 626 F.3d
509, 97 U.S.P.Q.2d 1127 (9th Cir. 2010) (failure to police a mark and maintain adequate quality control over its use results in the mark's abandonment).
Third-party use of the term MONTAUK is compelling evidence that the shared word is weak, as it creates little source identifying significance that could contribute to any likelihood of confusion. Applicant's inclusion of the word MONTAUK in its design mark cannot be a sufficient basis to find likelihood of confusion with the Prior Registration. For the foregoing reasons, this factor weighs strongly against a finding of likelihood of confusion.
F. The.-e Has Been No Actual Confusion
Evidence of actual confusion "is often paramount" in determining likelihood of confusion. Lyons P'ship, L.P. v. Morris Costumes, Inc., 243 F.3d 789, 804 (4th Cir. 2001).
Applicant has been selling whiskey under the MONTAUK HARD LABEL WHISKEY mark since at least January of 2018 (see Exhibit 6), and in that time there has been no evidence of confusion in the marketplace. This is, in part, because there is no use of the MONTAUK LIGHT in commerce by Registrant anywhere in the United States. Even if consumers remembered the
4849-9703-6424.2 MONTAUK HARD LABEL WHISKEY (Serial No. 87505107) Page I 19
prior use of the MONTAUK LIGHT mark, or if the mark was actually in use, Applicant is not aware of any examples or circumstances of actual confusion in the marketplace between
Applicant's goods and those sold under the Prior Registration. Thus, this factor further weighs in favor of finding that confusion is not likely. See Jn re E.J. du Pont, supra, 476 F.2d at 1361.
III. CONCLUSION
Based upon the foregoing it is submitted that the du Pont factors addressed herein, as well as previous decisions at the USPTO, favor registration of Applicant's mark. The mark creates a separate and distinct commercial connotation from the Prior Registration, and the goods themselves are separate and distinct. Applicant respectfully requests that the Examining Attorney reconsider her prior refusal and reverse it, permitting the Application to proceed forward to registration.
February 19, 2019 Respectfully submitted,
ROPERS, MAJESKI, KOHN & BENTLEY
!Marie E. Sobieski/ Marie E. Sobieski Robert A. Rivas Counsel for Applicant Montauk Hard Label 50 West San Fernando Street, Suite 1300 San Jose, California 95113
4849-9703-6424.2 Exhibit 1 Trademark Trial and Appeal Board Electronic Filing System. http/!estta.usoto.r;zov ESTTA Tracking number: ESTTA920894 Filing date: 09/07/2018
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Petition for Cancellation
Notice is hereby given that the fo llowing party has filed a petition to cancel the reg istration indicated below. Petitioner Information
Name Montauk Hard Label, LLC Entity limited liability company I Citizenship I New York Address P.O. Box 2609 Montauk, NY 11 954 UNITED STATES
Attorney informa-Robert A. Rivas tion Ropers, Majeski, Kohn & Bentley, PC 445 S. Figueroa Street, #3000 Los Angeles, CA 90071 UNITED STATES [email protected], [email protected], [email protected] (213) 312-2018
Registration Subject to Cancellation
Registration No. 4399775 I Registration date I 0911012013 Registrant MONTAUK BREWING COMPANY, INC. P.O. BOX 1079, 62 SOUTH ERIE AVENUE MONTAU K, NY 11 954 UNITED STATES
Goods/Services Subject to Cancellation
Class 032. First Use: 1996/00/00 Fi rst Use In Commerce: 1996/00/00 All goods and services in the class are subject to cancellation, namely: Beer Grounds for Cancellation
The mark is deceptively misdescriptive Trademark Act Sections 14(1) and 2(e)( 1) The mark is primarily geographically descriptive Trademark Act Sections 14(1) and 2(e)(2) The mark is primarily geographically deceptively Trademark Act Sections 14(1) and 2(e)(3) misdescriptive Abandonment Trademark Act Section 14(3) The registration is being used by, or with the per- Trademark Act Section 14(3) mission of, the registrant so as to misrepresent the source of the goods or services on or in con- nection with which the mark is used Fraud on the USPTO Trademark Act Section 14(3); In re Bose Corp., 580 F.3d 1240, 91 USP02d 1938 (Fed. Cir. 2009) I Attachments I PETITION FOR CANCELLATION.pdf(1917342 bytes)
Signature /Robert Rivas/ Name Robert A. Rivas Date 09/07/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
MONTAUK HARD LABEL, LLC. Mark: MONTA UK LIGHT Petitioner Reg. No.: 4,399,775 V. Cancel. No.:
MONTAUK BREWING COMPANY, INC. Assignee
PETITION FOR CANCELLATION
MONTAUK BREWING COMPANY, INC., a New York corporation with an address at
P.O. Box 1079, 62 South Erie Avenue, Montauk, New York 11 954 ("Assignee"), is listed in the records of the United States Patent and Trademark Office ("USPTO") as the assignee of U.S.
Registration No. 4,399,775 (the "Registration") ofMONTAUK LIGHT (the "Mark") for "beer" in International Class 32.
MONTAUK HARD LABEL, LLC, a New York limited liability company with an address at P.O. Box 2609, Montauk, NY 11954 ("Petitioner"), believes that the Registration is harmful as it is geographically descriptive, geographically deceptively misdescriptive, has been abandoned, and was submitted fraudulently. As such, and through its authorized attorneys, hereby presents its Petition of Cancellation of Registration No. 4,399,775. Petitioner shows the
Board the grounds for cancellation as follows:
I. On February 4, 2013, MCSULLY ENTERPRISES, INC., a New York corporation with an address at 40 Bowden Square, Southampton, New York ("Registrant"), filed an application to register the Mark as a standard character mark under Section I (a) of the
Trademark Act, 15 U.S.C.§ 105 l(a). The Mark was registered on September 10, 2013.
2. On February 20, 2017, the Mark was sold to Assignee for the sum of $60,000.
3. Under the Trademark Act, 15U.S.C. § 1064(1), a petition to cancel a registration
48 11 -0028-7857.3 PETITION FOR CANCELLATION OF REG. NO. 4,399,775 Page 12
of a mark, stating the grounds relied upon, "within fi ve years from the date of the registration of the mark[.]" The fi ve-year anniversary of the filing of the Mark is after the filing of the present petition, on September 10, 20 18.
4. The Registration should be cancelled pursuant to 15 U.S.C. §§ l052(e) and I 064.
FIRST BASIS FOR CANCELLATION -
GEOGRAPHIC DESCRIPTIVENESS
5. Under the Trademark Act, 15U.S.C.§ 1052(e)(2), no trademark by which the goods of the applicant may be distinguished from the goods of other shall be refused registration on the princ ipal register on account of its nature unless it consists of a mark which "when used on or in connection with the goods of the applicant is primarily geographically descriptive of them[.]"
6. The Trademark Manual of Examining Procedure ("TMEP") instructs examining attorneys is to refuse registration if a mark is primarily geographically descripti ve when: (l) the primary significance of the mark is a generally known geographic location; (2) p urchasers would be likely to think that the goods originate in the geographic place identified in the mark, i. e., purchasers would make a goods/place association; and (3) the mark identifies the geographic origin of the goods. 1
7. The Mark consists of two words: "Montauk" and "light." The term "light" refers to a style of beer. "Montauk" refers to Montauk, New York.
8. The term "Montauk" is generally known to be a geographic location. Montauk is an area of New York, including a village of the same name, and consisting of roughly 13 miles stretching from Napeague to the easternmost tip of Long Island.2 Montauk has gained popularity and notoriety as a tourist destination, due in part to its beaches and favorable surfing opportunities in the Atlantic.
1 TMEP § 12 IO.O I (a). 2 See, i.e,, Ex. I, Montauk, Neiv York, visited September 6, 20 18, https://en. wikiped ia.org/wiki/Mo ntauk,_ New_ York.
48 11 -0028-7857.3 PETITION FOR CANCELLATION OF REG. NO. 4,399,775 Page 13
9. Assignee appears to only distribute its beverages in Montauk, New York, as evidenced by its website.3 These locations include: the Shagwong Tavern in Montauk, New
York; the Salt Box in Montauk, New York; th e Surf Lodge in Montauk, New York; La Fine in
Montauk, New York; East by Northeast in Montauk, New York; and Assignee's tasting room in
Montauk, New York. No distribution locations are listed outs ide of Montauk, New York.
Purchasers of any of Montauk Brewing's offerings would necessarily be making those in purchases in Montauk, New York, and would therefore make a goods/place association that
Montauk Brewing Company's beer, including any beer marketed under the Mark, is from
Montauk, New York.
10. Assignee's website further provides that the company originated in Montauk, New
York: "What began in 2012 as a basement brewing operation among longtime friends, Montauk
Brewing Company has grown to embody the spirit of the town. We delivered our first hand-filled kegs on bicycles to a couple of local bars" (emphasis added).4 Clearly the term "Montauk" in the
MONTAU K LIGHT mark is intended to identify the geographic origin of the goods being sold.
11. The Mark is primarily geographically descriptive of a light beer made or sold in
Montauk, New York, and as a result, that mark is subject to cancellation. For this reason,
Petitioner believes the Board should cancel the Mark.
SECOND BASIS FOR CANCELLATION -
PRIMARILY GEOGRAPHICALLY DECEPTIVELY MISDESCRIPTIVE
12. Petitioner hereby repeats and realleges the allegations of the preceding paragraphs as if set forth fully herein.
13. Under the Trademark Act, 15U.S.C.§ 1052(e)(2), no trademark is to be granted to a mark which "when used on or in connection with the goods of the applicant is primarily geographically deceptively misdescriptive of them[.]"
14. Courts have confirmed that a geographic mark should be denied protection if (I)
3 Ex. 2, Monta uk Brewing Company, Inc. webs ite, visited September 6, 20 18, https://montaukbrewingco.com. 4 Ex. 2, supra.
48 11 -0028-7857.3 PETITION FOR CANCELLATION OF REG. NO. 4,399,775 Page 14
the mark misrepresents or misdescribes the goods; (2) the public would likely believe the misrepresentation; and (3) the misrepresentation would materially affect the public's decision to purchase the goods.5
15. The TMEP provides that a mark is to be refused as primarily geographically deceptive and misdescripti ve if: (l) the primary significance of the mark is a generally known geographic location;6 (2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark, i.e. , purchasers would make a goods/place or services/place association;7 (3) the goods or services do not originate in the place identified in the mark;8 and (4) the misrepresentation would be a material factor in a significant portion of the relevant consumers' decision to buy the goods or use the services.9
16. The Alcohol and Tobacco Tax and Trade Bureau ("TTB") Certificates of Label
Approval ("COLA") for Assignee's existing line of beverages indicate that all are brewed at the
Wachusett Brewing Company, Inc. in Westminster, Massachusetts.10 As "Montauk" is a geographic descriptor, using the term "Montauk" to describe beer brewed outside of the Montauk region, and indeed outside of the state of New York itself, is geographically deceptively misdescriptive.
17. The primary significance of the Mark is to denote a geographic location, yet the goods do not originate in the place identified in the Mark. Further, based on the Mark and
Assignee's advertisements of its beer offerings, a purchaser would be likely to believe that the goods originate in the geographic place identified in the Mark. These factors are likely to influence a relevant consumer's decision to buy those goods, 11 believing them to be made locally.
18. Registrant and Assignee have used the Mark in a way that is primarily
5 In re California Innovations, Inc., 329 F.3d 1334, 1336- 37 (Fed. Cir. 2003); see also In re Budge Mfg. Co., 857 F.2d 773, 775, 8 US PQ2d 1259, 1260 (Fed.Cir.1988). 6 TMEP §§ 12 10.02- I 2 I0.02(b)(iv) . 7 Id. at § 12 10.03. 8 Id. at §§ 12 10.04 - 12 10.04(d). 9 Id. at§§ 12 I0.05(c) - (c)(ii). 10 Ex. 3, recent COLAs for Assignee's beers. II TMEP § 12 10.0 l(b).
48 11 -0028-7857.3 PETITION FOR CANCELLATION OF REG. NO. 4,399,775 Page 15
geographically deceptively misdescriptive. 12 Registrant and Assignee have used the Mark to misrepresent the source of the goods on which the Mark is used.
19. There is no evidence that th e Mark has acquired distinctiveness based on use.
Further, even if there were, "marks rejected under § 1052(e)(3) can no longer obtain registration through acquired distinctiveness under § 1052(t)." 13
20. On this basis, Petitioner believes the Board should cancel the Mark.
THIRD BASIS FOR CANCELLATION -
ABANDONMENT
2 1. Petitioner hereby repeats and realleges the allegations of the preceding paragraphs as if set forth fully herein.
22. A mark shall be deemed to be "abandoned" if its use has been discontinued with intent not to resume such use. 14 Intent not to resume may be inferred from circumstances.15
"Use" of a mark means th e bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. 16
23 . The courts have established that abandonment occurs when there is: "(I) discontinuance of trademark use and (2) intent not to resume such use." 17
24. Non use of a mark for three consecutive years shall be primafacie evidence of abandonment. The last known use of the Mark, made by Registrant, was March 27, 2015 , 18 more than three years ago.
25 . Review of Assignee's website 19 fails to evidence that Assignee has made any use of the Mark since acquiring it: the Mark is not used on the site to describe any beverage, currently sold or otherwise, and petitioner was unable to location any other evidence of
12 15 U.S.C. §§ 1052(e)(3) and 1064. 13 In re California Innovations, Inc., supra, 329 F.3d at 1340. 14 15 U.S.C. § 11 27. 1s Id. 16 Id. 17 Elecrro Source, LLC v. Brandess-Kalr-Aetna Gip., Inc., 458 F.3d 93 1, 935 (9th Cir. 2006). 18 Ex. 4, Registrant's Montauk Light COLAs. 19 Ex. 2, supra.
48 11 -0028-7857.3 PETITION FOR CANCELLATION OF REG. NO. 4,399,775 Page 16
Assignee's use of the Mark, including o n goods or advertisements.20
26. Additionally, no TTB COLAs for any alcoholic beverage using the Mark are connected to Assignee. The Federal Alcohol Administration Act, 27 U.S.C. §205(e), authorizes the Secretary of the Treasury to prescribe regulations for the labeling of alcoholic beverages and requires that TTB administer those regulations in order to prohibit the use of misleading statements on labels, to assure the use of adequate information as to the identity and quality of beverage products, and to protect against consumer deception. Part 7 of Title 27 of the Code of
Federal Regulations regulates the labeling and advertising of beer, and a COLA is required to ensure that breweries and importers are in compliance with federal regulations when marketing and designing labels for their alcoholic beverages. The TTB requires that COLAs be obtained for each unique brand/label of alcoholic beverages to be sold in interstate commerce. Because of these TTB regulations, every beer label must be submitted and approved by TTB, after which it will receive a COLA which is subsequently included in the TTB COLA database.
27. Assignee has sought and received a COLA for each of the other beers produced and advertised on its website and which it distributes through Montauk, New York tap houses.
However, Assignee has no COLA for any label utilizing the MONTAU K LIGHT mark.
28. Upon information and belief, Assignee does not offer a product under the Mark in its tasting room.
29. It therefore does not appear that Assignee manufactures, imports, or distributes any alcoholic beverages bearing the Mark and never has, since obtaining a COLA is an absolute prerequisite to selling and distributing alcoholic beverages in the United States. Thus, Assignee has made no bona fide use of the Mark, and is not currently offering any beverages, including beer, under the Mark.
30. Upon information and belief, Assignee intends not to resume bona fide use of the
Mark in the ordinary course of trade.
20 Ex. 2, supra.
48 11 -0028-7857.3 PETITION FOR CANCELLATION OF REG. NO. 4,399,775 Page 17
3 1. Upon information and belief, the Mark has been primafacie abandoned, as it has not been used for the past three years.
32. The fi ve-year anniversary of the registration of the Mark falls on September I 0,
2018, after the filing of this Petition. In order to submit a declaration of incontestability under 15
U.S.C. § 1065, as permissible after that date, Assignee must assert that there was five years of continuous use of the Mark. Any filing for incontestability before September 10, 2023, at earliest, will be fraudulent, as Assignee cannot have used the Mark for five consecutive years before that time.
33. As such, Assignee has abandoned the Mark and the Registration should be cancelled.
FOURTH BASIS FOR CANCELLATION -
FRAUD ON THE U.S. PATENT AND TRADEMARK OFFICE
34. Petitioner hereby repeats and realleges the allegations of the preceding paragraphs as if set forth fully herein.
35. Petitioner further seeks to cancel the Registration on the ground that it was obtained as a result of Registrant's knowingly false statements about the Mark's misdescriptiveness as to its source of origin, which were made with the intent to deceive the
USPTO and constitute fraud on the USPTO.
36. Under 15U.S.C.§1064(3), a petitioner may move at any time for the cancellation of a mark when that mark was obtained fraudulently or contrary to the provisions of 15 U .S.C.
§1052.
37. On information and belief, Registrant did not brew beer sold under the Mark in
Montauk, New York, including at the time it filed for the Registration. The earliest filed COLA incorporating the Mark indicates that the beer was brewed in Clifton Park, New York,21 more than 250 miles from Montauk. A subsequent COLA filing showed that the beer was brewed in
2 1 The earliest COLA filed by Registrant that included the Mark was submitted on April 24, 2014. See Ex. 4, supra.
48 11 -0028-7857.3 PETITION FOR CANCELLATION OF REG. NO. 4,399,775 Page 18
Saratoga Springs, New York,22 nearly 300 miles from Montauk. The final COLA shows its origin as a brewery in Pittston, Pennsylvania.23 None of these is in, or even near, Montauk, New
York.
38. As such, the Mark has never been used in connection with beer made in Montauk,
24 25 New York, either by Registrant or Assignee. '
39. Because the Mark was filed with deliberate attempt to mislead the USPTO and consumers, the Board should cancel the Registration.
40. Petitioner has paid the fee for the petition to cancel in the amount of $400. If any additional fees are deemed to be payable, please charge Deposit Account No. 502554.
WHEREFORE, Petitioner pays that Registration No. 4,399,775 be cancelled pursuant to
15 U.S.C. §§ 1052 and 1064 because: (I) the Mark is geographically descriptive; (2) the Mark is primarily geographically deceptively misdescriptive; (3) the Mark has been abandoned by
Assignee; and (4) the Mark was obtained through fraudulent representations to the USPTO.
Dated: September 7, 2018 Respectfully submitted,
ROPERS, MAJESKI, KOHN & BENTLEY
!Robert A. Rivas/ Robert A. Rivas Marie E. Sobieski
Counsel for Petitioner Montauk Hard Label, Inc. 445 South Figueroa Street, Suite 3000 Los Angeles, California 9007 1 Telephone: (2 13) 312-2000 Facsimile: (2 13) 312-200 I Email: [email protected], [email protected]
22 Id. 23 Id. 24 Ex. 4, supra. 25 Ex. 3, supra.
48 11 -0028-7857.3 Exhibit 1 (to the Montauk Cancellatior Coordinates: 41' 02'09"N 71 ' 57'16"W WIKIPEDIA Montauk, New York
Montauk/'mnnt:i:k/ is a census-designated place( CDP) that includes thehamlet with the same Montauk name located in the town of East Hampton in Suffolk County, New York, on the eastern end of the South Shore of Long Island As of the 2010 United States Census, the CDP population was Hamlet and census-designated place 3,326.121
The CDP encompasses an area that stretches approximately 13 miles (21 km) from Napeague, New York, to the easternmost tip of New York State at Montauk Point Light The hamlet encompasses a small area about half way between the two points.
Located at the tip of the South Fork peninsula of Long Island, 118 miles (190 km) east of
Midtown Manhatta1\ Montauk has been used as an Army, ~. Coast Guard and Air Force base. The Montauk Point Light was the first lighthouse in New York state and is the fourth oldest active lighthouse in the United States.
Montauk is a major tourist destination and has six state parks. It is particularly famous for its fishing, claiming to have more world saltwater fishing records than any other port in the Montauk Lighthouse (2012) world.131 Located 20 miles (32 km) off the Connecticut coast, it is home to the largest commercial and recreational fishingfleet in New \brk state.141
Contents
History 17th century 18th century 19th century 20th century Early 20th century Location within the state of New 'Ork Mid 20th century Coordinates: 41°02'09"N 71°57'16"W Late 20th century Country United States 21st century State New York Geography County Suffolk Climate Town East Hampton Demographics Area Economy •Total 19.8 sq mi (51.2 krrt) Tourism •Land 17.5 sq mi (45.3 krrt) Parks and recreation •Water 2.3 sq mi (5.9 krrt) Notable people Elevation 33 ft (10 m) In popular culture Population (2010) Gallery •Total 3,326 References •Density 170/sq mi (65/krrt) External links Time zone Eastern (EST)(UTC-05:00) • Summer (DSl) EDT (UTC-04:00) ZIP Code 11954 History Area code(s) 631 FIPS code 36-48054 GNIS feature ID 95754d11 17th century
Montauk derives its name from the Montaukett tribe, an Algonquian-speaking tribe who lived in the area. In 1614, Dutch explorer Adriaen Block encountered the tribe at Montauk Point, whicl1 he named Hoeck van de Visschers, or "Point of the Fishers"J51 Two decades later, in 1637, the Montauketts sided for their own protection with the English in the Pequot Wir in Connecticut. In the aftermath the Montauketts were to sell Gardiners Island In 1648 what would become the Town of Easthamptorl61 (first Maidstone) was sold to settlers by the colony of Connecticut and the colony of New Haven while retaining the lands to the east, from the hills rising above where the first fort stood (Napeague, New 'tbrk) to Montauk Point. The western boundary of today's Hither Hills State Park is also known as the 1648 purchase line. Jn 1653, Narragansetts under Ninigret attacked and burned the Montaukett village, killing 30 and capturing one of Chief Wyandanch's daughters. The daughter was recovered with the aid of Lion Gardiner (who in turn was given a large portion of Smithtown, New York in appreciation). The Montauketts, ravaged by smallpox and fearing extermination by the Narragansett~ were provided temporary refuge by white settlers in East Hampton. Many short but famous battles ensued.171111e skirmishes ended in 1657. Fort Pond Bay derives its name from a Montaukett "fort" on its shore. A deed was issued in 1661 titled "Ye deed of Gui ft" which granted all of the lands east of Fort Pond to be for the common use of both the Indians and the townsmen.
Further purchase agreements were entered into in 1661, 1672 and 1686 which, among other things, allowed a group of Easthampton townsmen to graze cattle on the Montaukett lands. While some lands were protected in the agreements as forest land, for the most part all of Montauk was maintained by the townsmen as a private livestock and fisheries operation. As a result of Montauk being operated as a livestock operation it is considered to be the oldest cattle ranch in the United States.
Jn 1660, Wyandanch's widow sold all of Montauk from Napeague to the tip of the island for 100 pounds to be paid in 10 equal installments of "Indian corn or good wampum at six to a penny" .181 However, the tribe was to be permitted to stay on the land, to hunt and fish at will on the land, and to harvest the tails and fins of whales that washed up dead on the East Hampton shores. Town officials who bought the land were to file for reimbursement for !!!.!!! they had plied the tribe.191 The tribe was to continue residence until the 19th century in the area around Big Reed Pond in what was to be called "Indian Fields".
Jn 1686, English New York Governor Thomas Dongan issued a patent creating the governing system for East Hamptm. The patent did not extend beyond Napeague to Montauk. This lack of authority has formed the basis for various control disputes ever since.
18th century
During the Siege of Boston in the Revolutionary Wtr, a British ship visited Fort Pond Bay in 1775 in search of provisions- notablycattle. John Dayton, who had limited troops at his disposal on a hill above the bay, feigned that he had more by walking them back and forth across a hill turning their coats inside out to make it look like there were more of them (a tactic referred to as "Dayton's Ruse").1101
Ju 1781, the British HMS Culloden ran aground near what today is called Culloden Point while pursuing a French frigate. The ship was scuttled, but its remains were discovered in the 1970s. It is now on the National Register of Historic Places and is the only underwater park in the state of New Site of the 1781 shipwreck of theCulloden York.
The first hamlet of Montauk was built on Fort Pond Bay near what is now the train station for tlloong Island Rail Road
Jn 1792, Congress authorized constrnction of tluMontauk Lighthouse It was completed in 1796.
19th century
Jn 1839, slaves who had seized the schooner La Amistad came ashore in the hamlet looking for provisions after being told by the white crew that they had returned to Africa. American authorities were alerted, and the slaves were recaptured and ultimately freed in a historically significant trial.
A judgment was entered in 1851 against the Trustees of the Freeholders and Commonalty of the Town of Easthampton, and on March 9, 1852, a deed to Montauk was given to plaintiffs Henry P. Hedges and others, because their predecessors had contributed the money to purchase Montauk from the native Montaukett Indians in the 1600s. This deed caused the lands covered by the Dongan Patent to be split, leaving the still unsettled lands at Montauk without government. Less than one month later, on April 2, 1852, a state law was passed that incorporated the Proprietors Montauks, establishing the corporation of the trustees of Montauk and affirming its right to govern.
Stephen Talkhouse was displayed in 1867 by P. T. Barnum as "the last king of the Montauks." Talkhouse became famous for his walks from Indian Fields to New Mk City.
Jn 1879, Arthur W. Benson paid US$151,000 for 10,000 acres (40 km2) for the east end. The deed releasing claim to Montauk was entered on March 9, 1852. Benson also received clear title to the Montauk Point Montaukett property atBig Reed Pone\ buying it from tribesmen for $10 each, and in one case one of the tribesmen's houses was burned down. The legitimacy of the transaction is still being contested in court by the tribe. Constrnction began in 1882 on seven Shingle-style "cottages" designed by Stanford White, which were the centerpiece of Benson's plans.
The most prominent of the six Montauk Association houses iITTck Hal~ currently owned by entertainerDick Cavett
The first train from the Austin Corbin extension of the Long Island Rail Road pulled into Montauk in 1895, the land having been bought in 1882. Corbin planned to turn Montauk into a "shortcut'', saving a day each way for voyages between New York City and London: ships would dock at the Fort Pond Bay terminal and passengers would travel by rail to New York City at 60 miles per hour (97 km/h)). Corbin built the dock on Fort Pond Bay, but the plans never Jn 1898, after the Benson/Corbin plan did not work out as planned, the United States Army bought the Benson property to establish a base called Camp \Mkoff to guarantine Army personnel returning from the Spanish-American W!r. The most prominent of the returning quarantined soldiers were Theodore Roosevelt and his Rough Rider& Several soldiers died during the quarantine, prompting a visit from Preside11Mlliam McKinley.
20th century
Early 20th century
In 1924, Robert Moses began condemning the Benson land to establish state parks on either end of Montauk - Hither Hills State Park in the west and Momauk Point State Park in the east. The two parks were to be connected via tluMontauk Point State Parkway
Jn 1926, Carl G. Fisher bought most of the East End of Long Island (10,000 acres ( 40 km2)) for Montauk Manor, built by Carl G. Fisher as part of only $2.5 million. He planned to turn Montauk into the "Miami Beach of the Nord1'', a "Tudor his project to turn Montauk into theMiami Beach 11 village by the sea"f l His projects included blasting a hole through the freshwater Lake Montauk of the north to access Block Island Sound to replace the shallow Fort Pond Bay as the hamlet's port; establishing the Montauk Yacht Club and the Montauk Downs Golf Course; and building Montauk Mano, a luxury resort hotel; the Montauk Tennis Auditorium, which became a movie theater (and is now the Montauk Playhouse); and the six-story Carl Fisher Office Building (later the Montauk Improvement Building and now The Tower at Montauk, a residential condominium). This last building remains East Hampton's tallest occupied building, as zoning ordinances restricted heights of later buildingfhe 30 or so buildings Fisher put up between 1926 and 1932 were designed in the Tudor Revival stylel111 Fisher had successfully developed Miami Beach before beginning his Montauk project, but although he continued to pour his money into the development, to the extent of $12 million in total, he eventually lost his fortune due to the Wall Street Crash of 192'l and most of his enterprises were shut down. Other hotels which opened at that time of Fisher's project include Gurney's Inn, built by W. J. and Maude Gurney, who had managed a Fisher hotel in Miami Beach.
Jn the Great Hurricane of 1938, water flooded across Napeague, turning Montauk into an island. Flood waters from the hurricane inundated the main downtown, and it was moved 3 miles (5 km) to the south, immediately next to thAtlantic Ocean
Mid 20th century
During World War II the United States Navy bought most of the east end, including Montauk Manor, to turn it into a military base. Fort Pond Bay became a seaplane base. The U.S. Army established Camp Hero with 16-inch (410 mm) guns to protect New York shipping lanes. Several concrete bunker observation posts were built along the coast, including one immediately to the east of the Montauk Lighthouse. Base buildings were disguised so they would appear from above as a New England fishing village.
In 1951, sport fisherman Frank Mundus began to lead charter fishing trips out of Lake Montauk,
ANFPS-35 radar atCamp Hero, which initially looking for bluefish but soon finding that fishing for sharks was more lucrative. The sport of became the centerpiece of theMontauk "monster fishing" became Montauk's signature draw Project conspiracy theory On September 1, 1951, the Pelican, captained by Eddie Carroll, capsized in the shoals off Montauk Point, resulting in the deaths of 45 passengers and crew. The 42-foot (13 m) Pelican was carrying 64 people, most of whom had taken the Fisherman's Special trains to the Montauk LIRR station from New York City. The boat left the Fishangrila Dock at Fort Pond Bay at 7:30 a.m., severely overloaded. After fishing in the Atlantic Ocean on the south side of Montauk for several hours, it returned home, encountering engine trouble on the way. The weather turned stormy, and a northeast wind developed against an outgoing tide, resulting in standing waves of several feet at Endeavor Shoals, just off the Point. The vessel, wallowing in the heavy seas, became unstable in its overloaded state, capsized and then foundered at 2:10 p.m. Nearby vessels were only able to rescue 19 passengers. The wreck was secured by fabled sport fisherman Frank Mundus and towed into Lake Montauk by the
Coast Guard. As a result of the disaste1strict new regulations regarding overloading of fishing VE!!!' ls were adopted nationwide!121
Jn 1957, the Army closed Camp Hero, and it was taken over by the United States Air Force, which in 1958 built a 100-foot-wide (30 m) AN/FPS-35 radar. A massive building was erected to house its computers.
Late 20th century
In 1959, following the Kitchen Debate between United States Vice President Richard Nixon and Soviet Premier Nikita Khrnshchev, the designers of the kitchen, including Raymond Loewy, announced plans to sell affordable prefabricated house~ called Leisurama, to be used for second homes. One of the houses was exhibited on the 9th floor ofMacy's Two hundred of the houses, the lagest installatim, were assembled atCulloden Point in Montauk
In 1967, the United States Coast Guard annotmced plans to tear down the Montauk Lighthouse and replace it with a taller steel tower. Erosion had reduced its buffer from the edge of a cliff from 300 feet (91 m) when it was built to less than 100 feet (30 m). After protests, the Coast Guard backed down from the plan. Montauk Friends of Olmsted Parks LLC, was established in 1994 to protect an extensive system of beaches and waterfront properties and roadways.
In 1995, Montauk became the birthplace of the Extreme Surfcasting technique known as Skishing The sport involves donning a wetsuit and flippers and swimming into the ocean with rod and reel to catch fish while drifting offshore. Without the benefit of boat or land, the fight is considered to be by the fisherman anyway, on more equal terms. Skishers swim sometimes hundreds of yards from shore to water well over their heads, with their flippers and buoyancy of their wetsuits keeping them afl oat.1131 Montauk is also credited as the birthplace of "skishing'', a combination of fishing, swimming, and water skiing!141115l
Shops on Main Street (2013) 21st century
In October 2007, a fishing boat dragged up a large 19th-century anchor, which was speculated to have been lost by the SS Great Eastern in 1862.1161
In August 2016 OCEARCH designated the waters off of Montauk and the rest of the South Shore of Long Islandas a birthing ground forThe Great White Shark
Geography
According to the United States Census Bureat, the hamlet has a total area of 19.8 square miles (51 km2), of which 17.5 square miles (45 km2) is land and 2.3 square miles (6.0 W), or 11.53%, is water
Climate
Montauk has a borderline oceanic I humid subtropical climate (Cfa), under the Koppen climate classificati011 and using the 0 °C (32 °F) isotherm, is one of the northernmost Census-designated placeof Montauk locations in North America with this climate type. The presence of the Atlantic Ocean brings warmer winters than inland areas of the same latitude as well as cooler springs and summers: despite an extensive urban heat island and warmer lows throughout much of the year, Manhattan, as compared to Montauk, averages twice as many days with a low reaching 10 °F (- 12 °C) or below.[171 The monthly daily average temperature ranges from 32.3 °F (0.2 °C) in January to 72.4 °F (22.4 °C) in July. There is 43.6 inches (1 ,110 mm) of precipitaion annually, which is fairly evenly distributed throughout the course of the year
Climate data for Montauk, New 'erk (1981-2010 normals)
Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year
Average 38.1 40.1 45.6 54.5 64.2 73.3 79.3 78.9 71.9 62.6 53.0 43.6 58.8 high °F (°C) (3.4) (4.5) (7.6) (12.5) (17.9) (22.9) (26.3) (26.1) (2 2.2) (17) (11.7) (6.4) (14.9)
Daily mean 32.3 33.7 39.0 47.5 56.6 66.4 72.4 72.2 65.7 56.4 47.2 37.9 52.3 OF (OC) (0.2) (0.9) (3.9) (8.6) (13.7) (19.1) (22.4) (22.3) (18.7) (13.6) (8.4) (3.3) (11.3)
Average low 26.4 27.3 32.4 40.4 48.9 59.5 65.5 65.5 59.4 50.3 41.4 32.3 45.8 OF (OC) (- 3.1) (- 2.6) (0.2) (4.7) (9.4) (15.3) (18.6) (18.6) (15.2) (10.2) (5.2) (0.2) (7.7) Average 2.87 3.38 4.75 3.45 2.21 3.80 3.81 3.92 3.93 3.66 4.22 3.58 43.58 precipitation (72.9) (85.9) (120.7) (87.6) (56.1) (96.5) (96.8) (99.6) (99.8) (93) (107.2) (90.9) (1,107) inches (mm)
18 Source: ---NOAA[ 1
Demographics
As of the ~ of 2010, there were 3,326 people,l19l down from 3,851 at the time of the 2000 census. There are 1,422 total households in the CDPJ2°l The population density was 190 people per square mile.1211 There were 4,666 housing units .[20] The racial makeup of the hamlet was 91.2% White, 3.3% African American, 0.60% Native America11 1.2% Asiat\ Native Hawaiian and other Pacific Islander 0.1 % and 5.00% from other race~ [20l Hispanic or Latino of any race were 16.10% of the populati01{20]
There were 1,593 households out of which 26.9% had children under the age of 18 living with them, 47.0% were married couples living together, 8.7% had a female householder with no husband present, and 37. 7% were non-families. 28.6% of all households were made up of individuals and 10.2% had someone living alone who was 65 years of age or olderThe average household size was 2.41 and the average family size was 2.9tf.21 Jn the CDP, the population was spread out with 20.0% under the age of 18, 6.6% from 18 to 24, 33.9% from 25 to 44, 25.0% from 45 to 64, and 14.5% who were 65 years of age or older. The median age was 39 years. For every 100 females, there were 105.4 males. For every 100 females age 18 and over, there were 109.2 malesJ22l
The median income for a household in the CDP was $42,329, and the median income for a family was $50,493. Males had a median income of $40,063 versus $28,299 for females. The per capita income for the CDP was $23,875. About 8.3% of families and 10.6% of the population were below the poverty line, including 10.9% of those under age 18 and 8.5% of those age 65 or ovJf12l
Economy
Tourism
Montauk is considered a beach resor~ using its position at the tip of Long Island to promote itself as "The End" or "The Last Resort" and become one of the busiest tourist locations within the town of East Hampton. The small town is host to many restaurants, bed and breakfasts, and hotels, and is a popular vacation spot in the warm weather montl1s. Such accommodations are rarer elsewhere in the Hamptons. Many of the Montauk hotels are only open April through November, some for shorter time periods, while a few serve fishermen and other customers year round, including the famed Gurney's Inn.
The Montauk station on the Long Island Rail Road provides train service along the Montauk Branch to other parts of Long Island and to New York City, and Hampton Jitney provides bus service to A fiberglass copy of the 3,427-pound Manhattan Suffolk Transit's lOC and seasonally operated S94 bus routes serve the village. The lOC (1,554 kg) 17-foot-long (5.2 m)Great White connects the village with East Hamptot\ and the Amaganset~ East Hampton and Montauk ~ Shark on the Lake Montauk waterfront. It is Island Rail Road stations on the Montauk Brand\ and the seasonally operated S94 connects the claimed to have been the biggest Great White caught by rod and reel. village with the Montauk Point Light Small planes can fly into theMontauk Airport
Lake Montauk, a small bay on the north side of town, is home to a US Coast Guard station and a small fishing fleet, both commercial and recreational.
In 2007, Newsday listed 47 businesses in the category of "Hotel" in Montauk. They represented 2,030 roonE:31
Montauk is a favored destination for weekend partiers who, as of 2015, had exceeded the tolerance of the local inhabitants for noise and disrnpt!MJ.
Parks and recreation
Montauk's six state parks, from west to east, are:
• Hither Hills State Park • Shadmoor State Park • Montauk Downs State Park • Amsterdam Beach State Park • Camp Hero State Park • Montauk Point State Park Jn addition, there isMontauk County Parkand several East Hampton parks ancNature Conservancy areas.
Notable people
• Edward Albee, Pulitzer Prize-winning playwright, who died in 2016 in his home there • Perry Duryea politician • Rachelle Hruska co-founder and proprietor ofGuestofaGuest.com • Tor Lundvall, artist and musician • Bernard Madof, investment banke( fraudster, convicted felon, world's largest Ponzi scheme operator Fred Melamec\ actor • Toots Thielemans, jazz musician Montauk Harbor entrance • Rufus V'vainwright singer-songwriter • Andy V'varhol, artist and entrepreneur bought the Church EState in Montauk - also known as Eothen - in 1972
In popular culture Films
• 1964-The science fiction thriller The Flesh Eaters began shooting on location in Montauk in 1962, when exterior sets and equipment stered extensive damage from Hurricane Alma, halting production. Shooting was delayed for nearly a year while the producers regrouped to meet the escalating budget. The fi lm was fi nally released on March 18, 1964. • 1975 - The character Quint from the moviaJaws, played by Robert Shaw, was based on Frank Mundus, a shark hunter from Montauk. In the movie, Quint mentions he "caught a 16-footer [shark] • 1991- In the debut episode ofFishing with John host John Lurie takes guest Jim Jarmuschoff the coast of Montauk to catch a shark. • 1997 - In the episode "The One At The Beach" in season 3 of the American sitcotfiriends, the six friends go to Montauk to find out more about Phoebe Butay's birth mother. --- • 2007 - Montauk is the main setting of episode 208 oEngaged and Underageon MTV, with Maribel and Julio working, residing, and getting married in the townf251 • 2011-2015 - The fictional bar "The Stowaway" in Montauk is a central location in the TV serie'Sevenge. • 2012 - The fi rst episode of the reality TV series-tote/ Impossible features Gurney's Inn in Montauk. • 2014-2017 - The Showtime TV series The Affair is set in Montauk. • 2017 - The first season of theSummer House reality TV series was filmed at a rental house located at 90 Napeague Harbor Roacrl on the extreme western edge of the Census Designated Place of Montauk which includes the hamlet of MontaJikll Music • 1975-1976 -The Rolling Stones stayed at Andy \l\B.rhol's estate in Montauk \/hen they were on tour in 1975-76. TheMemory Motel was said to be the only place in the area, at the time, with a pool table and a piano, and the Stones were said to hang out at the bihe song "Memory Motel' was written during this period. • 1990-Billy Joefs song 'The Downeaster Alex~ . from his album Storm Front tells the story of a Long Island fisherman's journey through Montauk Sound on hi s ship, named after Joel's:laughter. • 2003 - Long Island indie rock bandBrand New describes a shipwreck - a metaphor for a romantic break-up - if>the tip of Montauk Point in the final song, 'Play Crack the SkY', of their album, Deja Entendu • 2005 - Circa Survive has a song titled "Meet Me in Montauk" from their alburn7utuma • 2005- Ryan Stars song "Losing 'lbur Memory", from the album11:59, references Montauk to demonstrate that he still thinks of the girl he left behind. • 2005 - Bayside, a punk band from Queens, has a song entitled "Montauk." • 2008- The trance groupSignalrunners released a song entitled "Meet Me In Montauk" • 2012 - Rufus Wainwright wrote a song called "Montauk" which is dedicated to his daughter !Va and appears on his albumOut of the Game Literature • 1975 - Montauk is a novel by the Swiss writerMax Frisch which centers on the narrator's open relationship with juln, an American journalist; the novel inspired the 2017 fil rrReturn to Montauk • 1992 - Long Island residents Preston B. Nichols and Peter Moon wrote a science fiction noveT/le Montauk Project: Experiments in Tme , in which it was claimed the radar was used by the government to condudtme travel experiments. Among the claims is that it drove the residents of Montauk mad and that their childre n were kidnapped. The book and its sequels were to expand on many Montaukett tales and other East End stories. The book has been perceived by some to be true, and the base has assumed something of a cult status among conspiracy bufs. It was also featured in a segnent of the X-Fifes television series. • 2003- In the novel The Interpreter, by Suki Kim, the female protagonist Suzy Park visits Montauk, where the ashes of her parents have been committed to the sea. --- • 2005 - Percy Jackson and his mother visit Montauk on vacation and are attacked by Comics • 1968--present - The fictional Legion Academy, a training center for super-powered individuals run by th!l.egion of Super- Heroesin the 30th and 31st Centuries of theDC Universe is located at Montauk Point. Gallery Montauk's old LIRR station house, The Montauk Community Leisurama home at Culloden Point now an art gallery Presbyterian Church was built in 1927 The gazebo on The Plaza. The Tower at Montauk, originally the Note the Tudor Revival architecture Carl Fisher Ofice Building on the buildings behind it to the right, and the Tower at Montauk to the left. References 1. U.S. Geological Survey Geographic Names Information System: Montau@lttps://geonames.usgs.gov/apex/f?p=gnispg:3:::NO::P3 FID:957 ~ 2. "Geographic Identifiers: 2010 Demographic Profile Data (GOO!): Montauk CQINew York" (http://factfinder2.census.gov/bkmk/table/l.O/en/D EC/10 DP/G001/1600000US3648054) U.S. Census Bureau, American FactfinderRetrieved 2013-01-03. 3. Rattiner, Dan (June 8, 2007). "Sharks to \Ole?" (https://web.archive.org/web/20070927020514/http:i/wwwlanshamptons.com/contenUdansp apers/issuell 2007/01.html) Dan's Papers Archived from the original (http://wwwdanshamptons.com/contenUdar.spapers/issuell 2007/0 l.html) on September 27, 2007. Retrieved 2010-01-30. 4. "Long Island Fishing Charters And Party Boats'(http://nyfisherman.neUlongislandcharters.html)NY Fisherman. Retrieved 2010-04-17. 5. http://wwwnewsdaycom/community/guide/lihistory/ny-history-hs216a,0,6109119.story 6. 1686 Dongan Patent 7. The Narragansetts "would have exterminated the whole Montauk tribe if they had not received help from the white settlers." Cited'lrong Island Indians and The Early Settlers'thttp://longislandgenealogycom/indians.htn1). Long Island Genealogy Retrieved 2013-04-27. 8. Thompson, Benjamin Franklin (1839)History of Long Island; Containing an Account of the Discovery and Settlement; with Other Important and Interesting Matters to the Present Tme (https://books.google.com/books?vid=OCLC01394364&id=cQbl.96C97sC&pg=FA185). New York: E. French. p. 185 Retrieved 2010-04-17. 9. The Material History of the Montaukett - Lecture by Gaynell Stone -East Hampton Public Library - January 31, 19~tp : i/www easthamp t o nlibraryorg/lic/lectures/gaynellstonelecture.rm) Archived (https://web.archive.org/web/20061207062207/http:llwwveasthamptonlibraryorg/li c/lectures/gaynellstonelecture.htm)December 7, 2006, at theWayback Machine 10. Mead, Julia C. (January 15, 1998).''An Old Dayton House Saved From Bulldozer'(https://web.archive.org/web/20091111191435/http:llwww easthamptonstarcom/DNN/Archive/1998/980.15/newsl.htm} The East Hampton Star. Archived from the original (http://wwweasthamptonst ar.com/DNN/Archive/1998/980115/newsl.htrjl on November 11, 2009 Retrieved 2010-01-30. 11. Tuma, Debbie. "Montauk Embraces Its Legacy"(https://wwwnytimes.com/2002/08/11/nyregiln/montauk-embraces-its-legacyitml?src=pm) The New York Times (August 11, 2002) 12. Clavin, Tom (2005). Dark Noon: The Final \byage of the FishingBoat Pelican. Camden, ME: International Marine .I SBN 0-07-148659-3 13. Rhoads, Christopher"Swimming With The Fishes: Angler's "Ingle Over 'Skish ing'"(https://wwwwsj.com/articles/SB100014240!274870363 6404575353323048912844)The Wall Street Journa ~ July 26, 2010 14. Burke, Monte "Skishing" (https://wwwforbes.com/forbes/2008/1027/ll2.html) Forbes magazine (October 27,2005_ 15. DeBenedetto, David."Swimming With the Fishes"(http://wwwstripersontherun.com/excerpt.htnh) On The Run: An Angler's Journey Down Striper Coast(September 16, 2003) 16. Rattiner, Dan (October 19, 2007). "Great Eastern? Anchor from One of the Wrld's Largest Ships Is Hauled Up ct Montauk" (https://web.arc hive.org/web/20090108165111/http://www:lanshamptons.com/contenUdanspapers/issue30 2007/04.html}Clan's Papers. Archived from the original (http://wwwdanshamptons.com/contenUda1$papers/issue30 2007/04.html)on January 8, 2009 Retrieved 2010-02-11 17. "Station Name: NY NEW YORK CNTRL PK TWR'(ftp://ftp.ncdc.noaa.gov/pub/data/normals/1981-2010/products/station/USW00094728.nor mals.txt). National Oceanic and Atmospheric AdministrationRetrieved 2013-06-27. 18. "Station Name: NY MON1'\UK AP" (ltp:llltp.ncdc.noaa.govipub/data/normals/1981-2010/products/station/USW00054780.normals.txt) National Oceanic and Atmospheric Administration Retrieved 2013-06-27. 19. "American Fact Finder"(http://factlinde[census.gov/faces/nav/jsllp'!les/community facts.xhtml) US Census Bureau Retrieved 16 November2016. 20. "Profile of General Population and Housing Characteristics: 2011il1ore information 2010 Demographic Profile Data'(https://web.archive.org/ web/20141129082905/http:i/factfindexensus.gov/faces/tableservices/jsf/pages/productview:html?src=CF} US Census Bureau. Archived from the original (http://factfinde[census.gov/faces/tableservtes/jsf/pages/productviewxhtml?src=CF) on 29 November 2014 Retrieved 16 November2016. 21. "Montauk, New 'ibrk" (http://wwwcity-data.com/city/Montauk-New¥ork.html). City-data.com Retrieved 16 November 2016. 22. "American FactFinder"(http://factfinder2.census.gov) United States Census Bureau Retrieved 2008-01-31 23. Newsday article (http://wwwnewsday com/entertainmenUlocalguide/montauk/ny-xli-montaukhotels,0,223!35.htmlstory?coll=ny-explore-mon -mezz) 24. Rutenberg, Jim(August 28, 2015). "The Battle for the Soul of the Hamptons'(https://wwwnytimes.com/2015/08/30/fashi 27. http : //www2.census . g~eo/maps/dc lOmap/GUB l ock/st36 ny/place/p3649424 napeag ue/DCl OBLK P3649424_QQhpdf External links • Official website Preceded by Succeeded by The Hamptons Northernmost Hither Hills Retrieved from 'https://en.wikipedia.org/w/index.php?title=Montauk, New Mk&oldid=855894990' This page was last edited on 21 August 2018, at 15:1:(UTC). Text is available under theCreative Commons Attribution-ShareAlike Licenseadditional terms may apply By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of theJVikimedia Foundation, Inc, a non-profit organization. Exhibit 2 (to the Montauk Cancellatior ' ' r!llJ~DUG Btm (j;: Ktv'i • lVlMT5 ll!!JF rlNO U~ ~-.. •, .:~--"' MONTAUK BREWING CO. VI~ oo,g;iri ill 2012-ti a O;l~:ent t>le•.qopemllon arntY"i b"(!lmt m£r~. •.~T.ctJl. &er.o.1ni <:omp,;ill)' tras. ifllil'O m emboO~ II'!:. ~~II Oii ttie~A~ ~\'t del~O• fest l!;'U'MJ-fllt(I ~on ~e.sil'"lple p~ n F~e. ,1.4 ol our neeis.hG'1:tlrtr6 tlt~. We irrdl! yo.i 10 (Din~ At. 'tou i\J1t :lr.(I ¢01;1!;Jffthl ~ nu t>1b. ~ L!ll ERi C VAUGHAN JOE MOSS CUTILLO SULLIVAN f- c i s~ufe https://montaukbre.vingco. WAVE CHASER SESSION DRI FT WOOD SUMM ER WATERMELON ARROWHE AD IPA ALE ALE SESSION R ED A L E HE snor FEATUK[D MOltU.ut: !\UC.UST lllUUD!·TU 2:1 OZ. STJ.1Hl£SS STEU MYDl N[\J 10RK BR[\J l OlA TOR noNTAUK - Nf\J lOfiK Bfif\J lOlA TOR noNTAUK .." I•' t • + I ""' f'._"4- ""'""•-.. Sh4~llt'lg la.-em Saltl!O>. TASTING ROOM ~f·l 'h-nt;I ~)f!t+'.:.;:¢ ip~:-;: 1mrne·~m !2Stt.'l'IE.11AK..t Unt',WOICK'" ~ ~~Kl~ ~,l.h'ri lm1t U!I~ 1:6ll)t6&-SJ?i B1t11.:Cot'l"'~4-f. .V,,'1:J.. .. ~"" ~ ..:'101A,v.i~lt. .. ]8SfWl'ID !iU&Lt'll~. NT.lllNNr ~' 111111 l\lllll'WU1 l'~~:'.Jll~(t ~ HOt.lll:S "'°"l~ : t?-:Sltt tal ! *'l*' IK&.~U~'ll.'..-,oc~~. 1&1i 0 9/7/2018 Home - Montauk Brewing Company WAVE CHASER INDIA PALE ALE. 6 . 4% ALC./VOL. ---- WAVE CHASER IPA 9/7/2018 Home - Montauk Brewing Company NTAUK 4 .9% ALC./VOL. SESSION IPA 9/7/2018 Home - Montauk Brewing Company MONTAUK DRI F:TWOOD ALE~ 6 .0% ALC ./VOL. DRIFTWOOD ALE 9/7/2018 Home - Montauk Brewing Company __::::::,__, "'COME AS YOU ~R~"" -.:::.__ MONTAUI\ SUMMER ALE N 5 . 6 % ALC ./VOL. S UMMER ALE 9/7/2018 Home - Montauk Brewing Company MONTAU ....__~-- WATERMELON SESSION ALE 9/7/2018 Home - Montauk Brewing Company "COME AS YOU 11.R'-." • PUMPKIN A E. aaato Wttil SPU:ES w--- 5.7% ALC ~ /VOL . ---... PUMPKIN ALE 9/7/2018 Home - Montauk Brewing Company 5.0% ALC./VOL. ARROWHEAD RED ALE #[\IS + EVENTS SEPTEMBER 7TH 2018 WMAT'~ ON TAP Exhibit 3 (to the Montauk Cancellatior 9/7/2018 TTB Online - Printable Search Results I Close I Current Date/ Time: Fri Sep 07 18:08:25 EDT 2018 COLAs Search Results: 1 to 20 of 20 (Total Matching Records: 20: Permit Serial Completed Fanciful Class/ Type TTB ID Brand Name Origin Origin Desc Class/Type No. Number Date Name Desc MONT AUK BR-MA- MONTAUK 13198001000026 130009 07/31/2013 ARROWHEAD 26 MASSACHUSETTS 902 ALE WAC- 1 BREWING IRISH MONTAUK BR-MA- MONTAUK 13198001000028 130010 07/26/2013 EASTBOUND 26 MASSACHUSETTS 902 ALE WAC- 1 BREWING BROWN ALE MONTAUK BR-MA- MONTAUK 13198001000030 130011 07/31/2013 DRI FTWOOD 26 MASSACHUSETTS 902 ALE WAC- 1 BREWING ALE-ESB BR-MA- MONTAUK 13350001000174 130019 01/04/2014 DRI FTWOOD 26 MASSACHUSETTS 902 ALE WAC- 1 BREWING BR-MA- MONTAUK 13350001000183 130020 01/04/2014 SUMM ER 26 MASSACHUSETTS 902 ALE WAC- 1 BREWING BR-MA- SESSI ON MONTAUK 14272001000280 140008 10/14/2014 26 MASSACHUSETTS 902 ALE WAC- 1 INDIA PALE BREWING BR-MA- HOP BLONDE MONTAUK 15075001000156 150010 03/31/2015 26 MASSACHUSETTS 902 ALE WAC- 1 ALE BREWING BR-MA- ARROWHEAD MONTAUK 15075001000170 150011 04/02/2015 26 MASSACHUSETTS 902 ALE WAC- 1 RED ALE BREWING BR-MA- DRI FTWOOD MONTAUK 15082001000177 150005 04/15/2015 26 MASSACHUSETTS 902 ALE WAC- 1 ALE BREWING BR-MA- MONTAUK 15082001000179 150006 04/15/2015 SUMM ER ALE 26 MASSACHUSETTS 902 ALE WAC- 1 BREWING BR-MA- SESSION MONTAUK 15082001000182 150004 04/15/2015 26 MASSACHUSETTS 902 ALE WAC- 1 INDIA PALE BREWING BR-MA- HOP BLONDE MONTAUK 15203001000156 150025 08/12/2015 02 NEW YORK 902 ALE WAC- 1 ALE BREWING BR-MA- HOP BLONDE MONTAUK 15203001000158 150026 08/12/2015 02 NEW YORK 902 ALE WAC- 1 ALE BREWING BR-MA- ARROWHEAD MONTAUK 15203001000169 150027 08/12/2015 02 NEW YORK 902 ALE WAC- 1 RED ALE BREWING BR-MA- ARROWHEAD MONTAUK 15203001000172 150028 08/12/2015 02 NEW YORK 902 ALE WAC- 1 RED ALE BREWING BR-MA- MONTAUK 16208001000147 160012 10/01/2016 DRI FTWOOD 26 MASSACHUSETTS 902 ALE WAC- 1 BREWING WAVE CHASER BR-MA- MONTAUK 16265001000100 160013 10/04/2016 INDIA PALE 26 MASSACHUSETTS 902 ALE WAC- 1 BREWING ALE MALT BR-MA- WATERMELON MONTAUK BEVERAGES 16277001000146 160014 10/22/2016 26 MASSACHUS ETTS 906 WAC- 1 SESSION ALE BREWING SPECIALITIES - FLAVORED MALT BR-MA- WATERMELON MONTAUK BEVERAGES 16302001000061 160015 11/20/2016 02 NEW YORK 906 WAC- 1 SESSI ON ALE BREWING SPECIALITIES - FLAVORED WAVE CHASER BR-MA- MONTAUK 16306001000056 160018 11/18/2016 INDIA PALE 26 MASSACHUSETTS 902 ALE WAC- 1 BREWING ALE 1 to 20 of 20 (Total Matching Records: 20: 9/7/2018 OMB No. 151 3-0020 OMB No. 1513-0020 FOR TTB USE ONLY DEPARTMENT OF THE TREASURY ALCOHOL AND TOBACCO TAX AND TRADE BUREAU TTBID APPLICATION FOR AND 16302001000061 CERTIFICATION/EXEMPTION OF LABEL/BOTTLE APPROVAL (See Instructions and Paperwork Reduction Act Notice on Back) 1. REP. ID. NO. (If any) CT OR 906 02 PART I - APPLICATION 2. PLANT 3. SOURCE OF 8. NAME AND ADDRESS OF APPLICANT AS SHOWN ON PLANT REGISTRY/BASIC PRODUCT (Required) REGISTRY, BASIC PERMIT OR BREWER'S NOTICE. INCLUDE APPROVED PERMIT/BREWER'S OBA OR TRADENAME IF USED ON LABEL (Required) ., Domestic NO. (Required) BR-MA-WAC-1 0 Imported WACHUSETT BREWING COMPANY, WACHUSETT BREWING COMPANY, INC. 175 STATE RD E 4. SERIAL NUMBER 5. TYPE OF PRODUCT (Required) (Required) WESTMINSTER MA 01473 160015 WINE MONTAUK BREWING (Used on label) DISTILLED SPIRITS ~ MALT BEVERAGE 6. BRAND NAME (Required) Ba. MAILING ADDRESS, IF DIFFERENT MONTAUK BREWING 7. FANCIFUL NAME (If any) WATERMELON SESSION ALE 9. FORMULA 10. GRAPE VARIETAL(S) (Wine Only) 14. TYPE OF APPLICATION (Check applicable box(es)) N/A a. ~ CERTIFICATE OF LABEL APPROVAL CERTIFICATE OF EXEMPTION FROM LABEL APPROVAL 11. WINE APPELLATION (lfon label) b. 0 "For sale in __ only" (Fill in State abbreviation.) DISTINCTIVE LIQUOR BOTTLE APPROVAL. TOTAL BOTTLE 12. PHONE NUMBER 13. EMAIL ADDRESS c. CAPACITY BEFORE CLOSURE ___ (Fill in amount) (978) 87 4-9965 RESUBMISSION AFTER REJECTION d. 0 TTB ID. NO. -- 15. SHOW ANY INFORMATION THAT IS BLOWN, BRANDED, OR EMBOSSED ON THE CONTAINER (e.g. , net contents) ONLY IF IT DOES NOT APPEAR ON THE LABELS AFFIXED BELOW. ALSO, SHOW TRANSLATIONS OF FOREIGN LANGUAGE TEXT APPEARING ON LABELS. PART II - APPLICANT'S CERTIFICATION Under the penalties of perjury, I declare; that all statements appearing on this application are true and correct to the best of my knowledge and belief; and, that the representations on the labels attached to this form, including supplemental documents, truly and correctly represent the content of the containers to which these labels will be applied. I also certify that I have read, understood and complied with the conditions and instructions which are attached to an original TTB F 5100.31 , Certificate/Exemption of Label/Bottle Approval. 16. DATE OF 17. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT 18. PRINT NAME OF APPLICANT OR APPLICATION (Application was e-filed) AUTHORIZED AGENT 10/28/2016 LESA BOURGEOIS PART Ill - TTB CERTIFICATE This certificate is issued subject to applicable laws, regulations and conditions as set forth in the instructions portion of this form. 19. DATE ISSUED 20. AUTHORIZED SIGNATURE, ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 11 /20/2016 9/7/2018 OMS No. 151 3-0020 FOR TTB USE ONLY QUALIFICATIONS EXPIRATION DATE (If TTB has not reviewed this label for type size, characters per inch or contrasting background. The responsible any) industry member must continue to ensure that the mandatory information on the actual labels is displayed in the correct type size, number of characters per inch, and on a contrasting background in accordance with the TTB labeling regulations, 27 CFR parts 4, 5, 7, and 16, as applicable. This COLA is conditioned upon compliance with TTB Ruling 2015-1 A brewer who purchases or otherwise obtains kegs from another brewer shall permanently remove or durably cover the original marks or brands as per 27 CFR 25.144 EACH CONTAINER MUST BE CODED TO INDICATE ACTUAL PLACE OF BOTTLING. STATUS THE STATUS IS APPROVED. CLASS/TYPE DESCRIPTION MALT BEVERAGES SPECIALITIES - FLAVORED AFFIX COMPLETE SET OF LABELS BELOW Image Type: Brand (front) or keg collar Actual Dimensions: 6.9 inches W X 6.9 inches H Note: The image below has been reduced to fit the page. See actual dimensions above. 9/7/2018 OMS No. 1513-0020 Montauk Brewing /J Company, Inc. 62 South Erie Avenue (\J Montauk, NY 11954 rv www.MontaukBrewingCo.com (631 ) 668-8471 BREWED AND KEG \ TTB F 5100.31 (06-2016) PREVIOUS ED ITIONS ARE OBSOLETE 9/7/2018 OMB No. 151 3-0020 OMB No. 1513-0020 (07/31/201 5) FOR TTB USE ONLY DEPARTMENT OF THE TREASURY ALCOHOL AND TOBACCO TAX AND TRADE BUREAU TTBID APPLICATION FOR AND 16265001000100 CERTIFICATION/EXEMPTION OF LABEL/BOTTLE APPROVAL (See Instructions and Paperwork Reduction Act Notice on Back) 1. REP. ID. NO. (If any) CT OR 902 26 PART I - APPLICATION 2. PLANT 3. SOURCE OF 8. NAME AND ADDRESS OF APPLICANT AS SHOWN ON PLANT REGISTRY/BASIC PRODUCT (Required) REGISTRY, BASIC PERMIT OR BREWER'S NOTICE. INCLUDE APPROVED PERMIT/BREWER'S OBA OR TRADENAME IF USED ON LABEL (Required) ., Domestic NO. (Required) BR-MA-WAC-1 0 Imported WACHUSETT BREWING COMPANY, WACHUSETT BREWING COMPANY, INC. 175 STATE RD E 4. SERIAL NUMBER 5. TYPE OF PRODUCT (Required) (Required) WESTMINSTER MA 01473 160013 WINE MONTAUK BREWING (Used on label) DISTILLED SPIRITS ~ MALT BEVERAGE 6. BRAND NAME (Required) Ba. MAILING ADDRESS, IF DIFFERENT MONTAUK BREWING 7. FANCIFUL NAME (If any) WAVE CHASER INDIA PALE ALE 9. EMAIL ADDRESS 10. GRAPE VARIETAL(S) 11 . FORMULA 18. TYPE OF APPLICATION (Check applicable (Wine Only) box(es)) N/A a. ~ CERTIFICATE OF LABEL APPROVAL 12. NET CONTENTS 13. ALCOHOL CONTENT 14. WINE APPELLATION 12 FL. OZ. IFON LABEL CERTIFICATE OF EXEMPTION FROM LABEL APPROVAL b. 0 "For sale in __ only" (Fill in State 15. WINE VINTAGE DATE 16. PHONE NUMBER 17. FAX NUMBER abbreviation.) IF ON LABEL (978) 874-9965 (978) 874-0784 DISTINCTIVE LIQUOR BOTTLE APPROVAL. TOTAL BOTTLE CAPACITY BEFORE CLOSURE c. ___ (Fill in amount) RESUBMISSION AFTER REJECTION d. 0 TTB ID. NO. -- 19. SHOW ANY INFORMATION THAT IS BLOWN, BRANDED, OR EMBOSSED ON THE CONTAINER (e.g. , net contents) ONLY IF IT DOES NOT APPEAR ON THE LABELS AFFIXED BELOW. ALSO, SHOW TRANSLATIONS OF FOREIGN LANGUAGE TEXT APPEARING ON LABELS. PART II - APPLICANT'S CERTIFICATION Under the penalties of perjury, I declare; that all statements appearing on this application are true and correct to the best of my knowledge and belief; and, that the representations on the labels attached to this form, including supplemental documents, truly and correctly represent the content of the containers to which these labels will be applied. I also certify that I have read, understood and complied with the conditions and instructions which are attached to an original TTB F 5100.31, Certificate/Exemption of Label/Bottle Approval. 20. DATE OF 21. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT 22. PRINT NAME OF APPLICANT OR APPLICATION (Application was e-filed) AUTHORIZED AGENT 09/21/2016 LESA BOURGEOIS PART Ill - TTB CERTIFICATE This certificate is issued subject to applicable laws, regulations and conditions as set forth in the instructions portion of this form. 23. DATE ISSUED 124. AUTHORIZED SIGNATURE, ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 10/04/2016 9/7/2018 OMS No. 1513-0020 FOR TTB USE ONLY QUALIFICATIONS EXPIRATION DATE (If EACH CONTAINER MUST BE CODED TO INDICATE ACTUAL PLACE OF BOTTLING. any) TTB has not reviewed this label for type size, characters per inch or contrasting background. The responsible industry member must continue to ensure that the mandatory information on the actual labels is displayed in the correct type size, number of characters per inch, and on a contrasting background in accordance with the TTB labeling regulations, 27 CFR parts 4, 5, 7, and 16, as applicable. The alcohol content listed in Item 13 of the application is inconsistent with the statement on the label. This label is approved based on the statement listed on the label; however, the statement listed on the application would also be consistent with the labeled designation, and may appear on a label as an allowable revision in accordance with Section V of this form. In either case, the alcohol content on the label must be consistent with the alcohol content of the product in the container. STATUS THE STATUS IS APPROVED. CLASS/TYPE DESCRIPTION ALE AFFIX COMPLETE SET OF LABELS BELOW Image Type: Brand (front) or keg collar Actual Dimensions: 7.75 inches W X 4.44 inches H Note: The image below has been reduced to fit the page. See actual dimensions above. AVE CHASER AVE CHASER INDIA PALE ALE '" NOIA PALE ALE '" "' CRAFT BEER 12 FL. OZ. 6 .4% ALC./VOL. ----- TTB F 5100.31 (07/2012) PREVIOUS EDITIONS ARE OBSOLETE 9/7/2018 OMB No. 151 3-0020 OMB No. 1513-0020 (07/31/201 5) FOR TTB USE ONLY DEPARTMENT OF THE TREASURY ALCOHOL AND TOBACCO TAX AND TRADE BUREAU TTBID APPLICATION FOR AND 16208001000147 CERTIFICATION/EXEMPTION OF LABEL/BOTTLE APPROVAL (See Instructions and Paperwork Reduction Act Notice on Back) 1. REP. ID. NO. (If any) CT OR 902 26 PART I - APPLICATION 2. PLANT 3. SOURCE OF 8. NAME AND ADDRESS OF APPLICANT AS SHOWN ON PLANT REGISTRY/BASIC PRODUCT (Required) REGISTRY, BASIC PERMIT OR BREWER'S NOTICE. INCLUDE APPROVED PERMIT/BREWER'S OBA OR TRADENAME IF USED ON LABEL (Required) ., Domestic NO. (Required) BR-MA-WAC-1 0 Imported WACHUSETT BREWING COMPANY, WACHUSETT BREWING COMPANY, INC. 175 STATE RD E 4. SERIAL NUMBER 5. TYPE OF PRODUCT (Required) (Required) WESTMINSTER MA 01473 160012 WINE MONTAUK BREWING (Used on label) DISTILLED SPIRITS ~ MALT BEVERAGE 6. BRAND NAME (Required) Ba. MAILING ADDRESS, IF DIFFERENT MONTAUK BREWING 7. FANCIFUL NAME (If any) DRIFTWOOD 9. EMAIL ADDRESS 10. GRAPE VARIETAL(S) 11 . FORMULA 18. TYPE OF APPLICATION (Check applicable (Wine Only) box(es)) N/A a. ~ CERTIFICATE OF LABEL APPROVAL 12. NET CONTENTS 13. ALCOHOL CONTENT 14. WINE APPELLATION 12 FL. OZ. IFON LABEL CERTIFICATE OF EXEMPTION FROM LABEL APPROVAL b. 0 "For sale in __ only" (Fill in State 15. WINE VINTAGE DATE 16. PHONE NUMBER 17. FAX NUMBER abbreviation.) IF ON LABEL (978) 874-9965 (978) 874-0784 DISTINCTIVE LIQUOR BOTTLE APPROVAL. TOTAL BOTTLE CAPACITY BEFORE CLOSURE c. ___ (Fill in amount) RESUBMISSION AFTER REJECTION d. 0 TTB ID. NO. -- 19. SHOW ANY INFORMATION THAT IS BLOWN, BRANDED, OR EMBOSSED ON THE CONTAINER (e.g. , net contents) ONLY IF IT DOES NOT APPEAR ON THE LABELS AFFIXED BELOW. ALSO, SHOW TRANSLATIONS OF FOREIGN LANGUAGE TEXT APPEARING ON LABELS. PART II - APPLICANT'S CERTIFICATION Under the penalties of perjury, I declare; that all statements appearing on this application are true and correct to the best of my knowledge and belief; and, that the representations on the labels attached to this form, including supplemental documents, truly and correctly represent the content of the containers to which these labels will be applied. I also certify that I have read, understood and complied with the conditions and instructions which are attached to an original TTB F 5100.31, Certificate/Exemption of Label/Bottle Approval. 20. DATE OF 21. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT 22. PRINT NAME OF APPLICANT OR APPLICATION (Application was e-filed) AUTHORIZED AGENT 07/26/2016 LESA BOURGEOIS PART Ill - TTB CERTIFICATE This certificate is issued subject to applicable laws, regulations and conditions as set forth in the instructions portion of this form. 23. DATE ISSUED 124. AUTHORIZED SIGNATURE, ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 10/01/2016 9/7/2018 OMS No. 1513-0020 FOR TTB USE ONLY QUALIFICATIONS EXPIRATION DATE (If TTB has not reviewed this label for type size, characters per inch or contrasting background. The responsible any) industry member must continue to ensure that the mandatory information on the actual labels is displayed in the correct type size, number of characters per inch, and on a contrasting background in accordance with the TTB labeling regulations, 27 CFR parts 4, 5, 7, and 16, as applicable. STATUS THE STATUS IS APPROVED. CLASS/TYPE DESCRIPTION ALE AFFIX COMPLETE SET OF LABELS BELOW Image Type: Brand (front) or keg collar Actual Dimensions: 3.63 inches W X 3.68 inches H MONTAUI{. DRIFTWOOD =oo -o ALE " 8 !!!!!!!!!!!!!!!O ~ !!!!!!!!!!!!!!!,._ -,..,-===:;; ..... -N iiiiiiiiiiiiiii"' -- - 1 2 FL OZ. CRAFT BEER 6 .0 % ALC./VOL - • 00 Image Type: Neck Actual Dimensions: 4.65 inches W X 1.55 inches H 9/7/2018 OMS No. 151 3-0020 TTB F 5100.31 (07/2012) PREVIOUS EDITI ONS ARE OBSOLETE 9/7/2018 OMB No. 151 3-0020 OMB No. 1513-0020 FOR TTB USE ONLY DEPARTMENT OF THE TREASURY ALCOHOL AND TOBACCO TAX AND TRADE BUREAU TTBID APPLICATION FOR AND 16306001000056 CERTIFICATION/EXEMPTION OF LABEL/BOTTLE APPROVAL (See Instructions and Paperwork Reduction Act Notice on Back) 1. REP. ID. NO. (If any) CT OR 902 26 PART I - APPLICATION 2. PLANT 3. SOURCE OF 8. NAME AND ADDRESS OF APPLICANT AS SHOWN ON PLANT REGISTRY/BASIC PRODUCT (Required) REGISTRY, BASIC PERMIT OR BREWER'S NOTICE. INCLUDE APPROVED PERMIT/BREWER'S OBA OR TRADENAME IF USED ON LABEL (Required) ., Domestic NO. (Required) BR-MA-WAC-1 0 Imported WACHUSETT BREWING COMPANY, WACHUSETT BREWING COMPANY, INC. 175 STATE RD E 4. SERIAL NUMBER 5. TYPE OF PRODUCT (Required) (Required) WESTMINSTER MA 01473 160018 WINE MONTAUK BREWING (Used on label) DISTILLED SPIRITS ~ MALT BEVERAGE 6. BRAND NAME (Required) Ba. MAILING ADDRESS, IF DIFFERENT MONTAUK BREWING 7. FANCIFUL NAME (If any) WAVE CHASER INDIA PALE ALE 9. FORMULA 10. GRAPE VARIETAL(S) (Wine Only) 14. TYPE OF APPLICATION (Check applicable box(es)) N/A a. ~ CERTIFICATE OF LABEL APPROVAL CERTIFICATE OF EXEMPTION FROM LABEL APPROVAL 11. WINE APPELLATION (lfon label) b. 0 "For sale in __ only" (Fill in State abbreviation.) DISTINCTIVE LIQUOR BOTTLE APPROVAL. TOTAL BOTTLE 12. PHONE NUMBER 13. EMAIL ADDRESS c. CAPACITY BEFORE CLOSURE ___ (Fill in amount) (978) 87 4-9965 RESUBMISSION AFTER REJECTION d. 0 TTB ID. NO. -- 15. SHOW ANY INFORMATION THAT IS BLOWN, BRANDED, OR EMBOSSED ON THE CONTAINER (e.g. , net contents) ONLY IF IT DOES NOT APPEAR ON THE LABELS AFFIXED BELOW. ALSO, SHOW TRANSLATIONS OF FOREIGN LANGUAGE TEXT APPEARING ON LABELS. PART II - APPLICANT'S CERTIFICATION Under the penalties of perjury, I declare; that all statements appearing on this application are true and correct to the best of my knowledge and belief; and, that the representations on the labels attached to this form, including supplemental documents, truly and correctly represent the content of the containers to which these labels will be applied. I also certify that I have read, understood and complied with the conditions and instructions which are attached to an original TTB F 5100.31 , Certificate/Exemption of Label/Bottle Approval. 16. DATE OF 17. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT 18. PRINT NAME OF APPLICANT OR APPLICATION (Application was e-filed) AUTHORIZED AGENT 11 /01 /201 6 LESA BOURGEOIS PART Ill - TTB CERTIFICATE This certificate is issued subject to applicable laws, regulations and conditions as set forth in the instructions portion of this form. 19. DATE ISSUED 20. AUTHORIZED SIGNATURE, ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 11 /18/2016 9/7/2018 OMS No. 1513-0020 FOR TTB USE ONLY QUALIFICATIONS EXPIRATION DATE (If TTB has not reviewed this label for type size, characters per inch or contrasting background. The responsible any) industry member must continue to ensure that the mandatory information on the actual labels is displayed in the correct type size, number of characters per inch, and on a contrasting background in accordance with the TTB labeling regulations, 27 CFR parts 4, 5, 7, and 16, as applicable. STATUS THE STATUS IS APPROVED. CLASS/TYPE DESCRIPTION ALE AFFIX COMPLETE SET OF LABELS BELOW Image Type: Brand (front) or keg collar Actual Dimensions: 6.9 inches W X 6.9 inches H Note: The image below has been reduced to fit the page. See actual dimensions above. 9/7/2018 OMS No. 151 3-0020 / l.- I c. Montauk Brewing Net Contents: 1- Company, Inc. \ 15.5 U.S. Gallons 62 South Erle Avenue D --L.. Montauk, NY 11954 c. www.MontaukBrewlngCo.com 5.17 U.S. Gallons D r (631) 668-8471 BREWED AHD llEGGED BY MONTAUK BMWING }> MONTAUK. NY ANO UNDER SPECIAL AGREEMENT WESTMINSTER, MA. c G) AmNTION • READ BEFORE TAPPING • GOVERNMENT WARNING: en (1) ACCORDING TO lliE SURGEON GENERAL. THIS KEG MAY RUPTURE AND CAUSE INJURY IF M WOMEN SHOULD NOT DRINK ALCOHOLIC OVER PRESSURIZED WITH COMPRESSED AIR OR 1J C02. TAPPING SYSTEM AND PRESSURE REGU· BEVERAGES DURING PREGNANCY BEtAUSE OF 0 ,, lliE RISK OF BIRlli DEFECTS. (21 CONSUMP· LATOR SHOULD EACH BE EQUIPPED WITH APRES· n TION OF ALCOHOLIC BEVERAGES IMPAIRS YOUR SllRE RELIEF BLOW·OFF DEVICE. IF YOU ARE NOT 'I I FAMILIAR WITH TAPPING EQUIPMENT CONSULT YOUR ABILITY TO DRIVE ACAR OR OPERATE MACHINERY. .._ I RETAILER OR LOCAL BEER DISTRIBUTOR. ANO MAY CAUSE HEALTH PROBLEMS. ~ I 8 I ...... / 0 Montauk Driftwood Ale - 6.0% ALC./VOL. 0 ~ , ~ ~ // ~ 0 Montauk Session India Pale Ale - 4.9% ALC./VOL. *~ / A ..., ,,f '-. / / ''-.._., ~ Montauk Wave Chaser India Pale Ale - 6.4% ALC./ VOL. ; TTB F 5100.31 (06-2016) PREVIOUS ED ITIONS ARE OBSOLETE Exhibit 4 (to the Montauk Cancellatior 9/7/2018 TTB Online - COLAs Online - Public COLA Registry Basic Search Results U.S. Department of the Treasury :- Search Public COLA Regist[Y. COLA Registry :0 COLAs Online FAQ~ :- Contact Us ~COli01. AtiD TOBACCO TAX ANA18.ADE 8-UREAU :- Public COLA Regist[Y. Manual :- Download Public COLA Regist[Y. Manual TTB F 5100.31: Application For and Certification/ :- COLAS Online LOg.Q!! Exemption of Label/Bottle Approval Search Results: COLAs Printable Version Save Search Results TQ File 1 to 3 of 3 (Total Matching Records: 3: Permit Serial ComP.leted Fanciful TTBID Brand Name Origin Desc Class/TY.~ No. Number Date Name Origi!! Class/TY.~ Desc BR-NY- MONTAUK 14114001000022 CON- 140019 05/19/ 2014 SOUTHAMPTON 02 NEW YORK 901 BEER LIGHT 15000 BR-NY- MONTAUK 14153001000448 14SHML 06/ 05/2014 SOUTHAMPTON 02 NEW YORK 901 BEER REL-1 LIGHT BR-PA- MONTAUK SUS- 15SHML PENNSYLVANIA BEER 15086001Q00118 04/ 22/ 2015 LIGHT 39 901 15000 Printable Version 1 to 3 of 3 (Total Matching Records: 3: New Search ax and n&aBBureau 2003 Co ntact ue at webma9fer@ tfb. treas. gov 1., ~ lT£ D $T,\T l!5 D.EP,UlTttmNT ocP rn 'l'UEA.SURY While the Alcohol and Tobacco Tax and Trade Bureau (TTB) makes every effort to provide complete information, data such as company names, addresses, permit numbers, and other data provided in the registry may change over time. TTB makes no warranty, expressed or implied, and assumes no legal liability or responsibility as to the accuracy, reliability or completeness of furnished data. Label images contained within the Public COLA Registry may appear differently, with respect to type size, characters per inch and contrasting background, than actual labels on the container. We also remind users of the Public COLA Registry that section V. of the instructions for the TTB COLA Form 5100.31, Allowable Revisions to Approved Labels, identifies various typ• of label information that may be changed by the COLA holder without the need for re-approval. TTB welcomes suggestions on how to improve our Public COLA Registry. Please contact us via online ingui[Y.. If you have difficulty accessing any information in the site due to a disability, please contact us via email ([email protected]!.) and we will do our best to make the information available to you. This site is best viewed at 1280x800 screen resolution or higher using Internet Explorer 11 or higher. WARNING' THIS SYSTEM IS THE PROPERTY OF THE UNITED STATES DEPARTMENT OF TREASURY. UNAUTHORIZED USE OF THIS S YSTEM IS STRICTLY PROHIBITED AND SUBJECT TO CRIMINAL AND CIVIL PENALITIES. THE DEPARTMENT MAY MONITOR, RECORD, AND AUDIT ANY ACTIVITY ON THE SYSTEI AND SEARCH AND RETRIEVE ANY INFORMATION STORED WITHIN THE SYSTEM. BY ACCESSING AND USING THIS COMPUTER YOU ARE AGREEING TO ABIDE BY THE TTB RULES OF BEHAVIOR, AND ARE CONSENTING TO SUCH MONITORING, RECORDING, AND INFORMATION RETRIEVAL FOR LAW ENFORCEMENT AND OTHER PURPOSES. USERS SHOULD HAVE NO EXPECTATION OF PRIVACY WHILE USING THIS SYSTEM. TTB COLAS Version 4.4.1 Build 8 6/20/2018 OMB No. 151 3-0020 OMB No. 1513-0020 (07/31/2015) FOR TTB USE ONLY DEPARTMENT OF THE TREASURY ALCOHOL AND TOBACCO TAX AND TRADE BUREAU TTBID APPLICATION FOR AND 14114001000022 CERTIFICATION/EXEMPTION OF LABEL/BOTTLE APPROVAL (See Instructions and Paperwork Reduction Act Notice on Back) 1. REP. ID. NO. (If any) CT OR 901 02 PART I - APPLICATION 2. PLANT 3. SOURCE OF 8. NAME AND ADDRESS OF APPLICANT AS SHOWN ON PLANT REGISTRY/BASIC PRODUCT (Required) REGISTRY, BASIC PERMIT OR BREWER'S NOTICE. INCLUDE APPROVED OBA OR TRADENAME IF USED ON LABEL (Required) PERMIT/BREWER'S Domestic NO. (Required) ~ BR-NY-CON-15000 0 Imported CONEY ISLAND BREWING COMPANY, Shmaltz Brewing Company, LLC 6 FAIRCHILD SQUARE 4. SERIAL NUMBER 5. TYPE OF PRODUCT CLIFTON PARK NY 12065 (Required) (Required) 140019 WINE SOUTHAMPTON BOTTLING (Used on label) DISTILLED SPIRITS ~ MALT BEVERAGE 6. BRAND NAME (Required) Ba. MAILING ADDRESS, IF DIFFERENT SOUTHAMPTON 7. FANCIFUL NAME (If any) MONTAUK LIGHT 9. EMAIL ADDRESS 10. GRAPE VARIETAL(S) 11. FORMULA 18. TYPE OF APPLICATION (Check applicable (Wine Only) box(es)) N/A a. ~ CERTIFICATE OF LABEL APPROVAL 12. NET CONTENTS 13. ALCOHOL CONTENT 14. WINE APPELLATION 12 FL. OZ. IFON LABEL CERTIFICATE OF EXEMPTION FROM LABEL APPROVAL b. 0 "For sale in __ only"" (Fill in State 15. WINE VINTAGE DATE 16. PHONE NUMBER 17. FAX NUMBER abbreviation.) IF ON LABEL (518) 833-2117 DISTINCTIVE LIQUOR BOTTLE APPROVAL. TOTAL BOTTLE CAPACITY BEFORE CLOSURE c. ___ (Fill in amount) RESUBMISSION AFTER REJECTION d. 0 TTB ID. NO. -- 19. SHOW ANY INFORMATION THAT IS BLOWN, BRANDED, OR EMBOSSED ON THE CONTAINER (e.g., net contents) ONLY IF IT DOES NOT APPEAR ON THE LABELS AFFIXED BELOW. ALSO, SHOW TRANSLATIONS OF FOREIGN LANGUAGE TEXT APPEARING ON LABELS. PART II - APPLICANT'S CERTIFICATION Under the penalties of perjury, I declare; that all statements appearing on this application are true and correct to the best of my knowledge and belief; and, that the representations on the labels attached to this form, including supplemental documents, truly and correctly represent the content of the containers to which these labels will be applied. I also certify that I have read, understood and complied with the conditions and instructions which are attached to an original TTB F 5100.31, Certificate/Exemption of Label/Bottle Approval. 20. DATE OF 21. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT 22. PRINT NAME OF APPLICANT OR APPLICATION (Application was e-filed) AUTHORIZED AGENT 04/24/2014 Robert Craven PART Ill - TTB CERTIFICATE This certificate is issued subject to applicable laws, regulations and conditions as set forth in the instructions portion of this form. 23. DATE ISSUED 124. AUTHORIZED SIGNATURE, ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 05/19/201 4 6/20/2018 OMB No. 1513-0020 FOR TTB USE ONLY QUALIFICATIONS EXPIRATION DATE (If Approved despite error(s) in your GWS. When new labels are printed, change the statement so the spelling, any) punctuation, appearance, bold header, and capitalization are in compliance with 27 CFR 16, as follows: GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. Approved pending ru lemaking on light (lite) and carbohydrate representations. See TTB Ruling 2004-1. TTB has not reviewed this label for type size, characters per inch or contrasting background. The responsible industry member must continue to ensure that the mandatory information on the actual labels is displayed in the correct type size, number of characters per inch, and on a contrasting background in accordance with the TTB labeling regulations, 27 CFR parts 4, 5, 7, and 16, as applicable. STATUS THE STATUS IS APPROVED. CLASS/TYPE DESCRIPTION BEER AFFIX COMPLETE SET OF LABELS BELOW Image Type: Brand (front) Actual Dimensions: 7.76 inches W X 4.21 inches H Note: The image below has been reduced to fit the page. See actual dimensions above. BEERS OF DISTINCTION SINCE 1996 BEERS OF DISTINCTION SINCE 1996 A light bodied, full-flavored lager 12 fl.°"· 111 111 ~ I' IL 111 I 3-6% (355mL) ~ ~ ale/vol 1 1 TTB F 5100.31 (07/2012) PREVIOUS EDITIONS ARE OBSOLETE 6/20/2018 OMB No. 151 3-0020 OMB No. 1513-0020 (07/31/2015) FOR TTB USE ONLY DEPARTMENT OF THE TREASURY ALCOHOL AND TOBACCO TAX AND TRADE BUREAU TTBID APPLICATION FOR AND 14153001000448 CERTIFICATION/EXEMPTION OF LABEL/BOTTLE APPROVAL (See Instructions and Paperwork Reduction Act Notice on Back) 1. REP. ID. NO. (If any) CT OR 901 02 PART I - APPLICATION 2. PLANT 3. SOURCE OF 8. NAME AND ADDRESS OF APPLICANT AS SHOWN ON PLANT REGISTRY/BASIC PRODUCT (Required) REGISTRY, BASIC PERMIT OR BREWER'S NOTICE. INCLUDE APPROVED OBA OR TRADENAME IF USED ON LABEL (Required) PERMIT/BREWER'S Domestic NO. (Required) ~ BR-NY-REL-1 0 Imported RELETA BREWING COMPANY LLC. 131 EXCELSIOR AVE 4. SERIAL NUMBER 5. TYPE OF PRODUCT SARATOGA SPRINGS NY 12866 (Required) (Required) 14SHML WINE SOUTHAMTON BOTTLING (Used on label) DISTILLED SPIRITS ~ MALT BEVERAGE 6. BRAND NAME (Required) Ba. MAILING ADDRESS, IF DIFFERENT SOUTHAMPTON 7. FANCIFUL NAME (If any) MONTAUK LIGHT 9. EMAIL ADDRESS 10. GRAPE VARIETAL(S) 11. FORMULA 18. TYPE OF APPLICATION (Check applicable (Wine Only) box(es)) N/A a. ~ CERTIFICATE OF LABEL APPROVAL 12. NET CONTENTS 13. ALCOHOL CONTENT 14. WINE APPELLATION 12 FL. OZ. IFON LABEL CERTIFICATE OF EXEMPTION FROM LABEL APPROVAL b. 0 "For sale in __ only"" (Fill in State 15. WINE VINTAGE DATE 16. PHONE NUMBER 17. FAX NUMBER abbreviation.) IF ON LABEL (518) 581-0492 (518) 581-1 904 DISTINCTIVE LIQUOR BOTTLE APPROVAL. TOTAL BOTTLE CAPACITY BEFORE CLOSURE c. ___ (Fill in amount) RESUBMISSION AFTER REJECTION d. 0 TTB ID. NO. -- 19. SHOW ANY INFORMATION THAT IS BLOWN, BRANDED, OR EMBOSSED ON THE CONTAINER (e.g., net contents) ONLY IF IT DOES NOT APPEAR ON THE LABELS AFFIXED BELOW. ALSO, SHOW TRANSLATIONS OF FOREIGN LANGUAGE TEXT APPEARING ON LABELS. THERE ARE NO FLAVORINGS OR SPICES IN THIS PRODUCT PART II - APPLICANT'S CERTIFICATION Under the penalties of perjury, I declare; that all statements appearing on this application are true and correct to the best of my knowledge and belief; and, that the representations on the labels attached to this form, including supplemental documents, truly and correctly represent the content of the containers to which these labels will be applied. I also certify that I have read, understood and complied with the conditions and instructions which are attached to an original TTB F 5100.31 , Certificate/Exemption of Label/Bottle Approval. 20. DATE OF 21. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT 22. PRINT NAME OF APPLICANT OR APPLICATION (Application was e-filed) AUTHORIZED AGENT 06/02/2014 ROBERT CRAVEN PART Ill - TTB CERTIFICATE This certificate is issued subject to applicable laws, regulations and conditions as set forth in the instructions portion of this form. 23. DATE ISSUED 124. AUTHORIZED SIGNATURE, ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 6/20/2018 OMB No. 1513-0020 06/05/2014 FOR TTB USE ONLY QUALIFICATIONS EXPIRATION DATE (If TTB has not reviewed this label for type size, characters per inch or contrasting background. The responsible any) industry member must continue to ensure that the mandatory information on the actual labels is displayed in the correct type size, number of characters per inch, and on a contrasting background in accordance with the TTB labeling reg ulations, 27 CFR parts 4, 5, 7, and 16, as applicable. Approved pending rulemaking on light (lite) and carbohydrate representations. See TTB Ruling 2004-1. Approved despite error(s) in your GWS. When new labels are printed, change the statement so the spelling, punctuation, appearance, bold header, and capitalization are in compliance with 27 CFR 16, as follows: GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. STATUS THE STATUS IS APPROVED. CLASS/TYPE DESCRIPTION BEER AFFIX COMPLETE SET OF LABELS BELOW Image Type: Brand (front) Actual Dimensions: 7.76 inches W X 4.21 inches H Note: The image below has been reduced to fit the page. See actual dimensions above. BEERS OF DISTJNCTION SINCE 1996 BEERS OF DISTlNCTION SINCE 1996 t 2 ft . oz.A lli,"t ~jli~a,v,~edllla,ger3 .6% (355mL) ~ ~ ale/vol TTB F 5100.31 (07/2012) PREVIOUS EDITI ONS ARE OBSOLETE 6/20/2018 OMB No. 151 3-0020 OMB No. 1513-0020 (07/31 /201 5) FOR TTB USE ONLY DEPARTMENT OF THE TREASURY ALCOHOL AND TOBACCO TAX AND TRADE BUREAU TTBID APPLICATION FOR AND 15086001000118 CERTIFICATION/EXEMPTION OF LABEL/BOTTLE APPROVAL (See Instructions and Paperwork Reduction Act Notice on Back) 1. REP. ID. NO. (If any) CT OR 901 39 PART I - APPLICATION 2. PLANT 3. SOURCE OF 8. NAME AND ADDRESS OF APPLICANT AS SHOWN ON PLANT REGISTRY/BASIC PRODUCT (Required) REGISTRY, BASIC PERMIT OR BREWER'S NOTICE. INCLUDE APPROVED OBA OR TRADENAME IF USED ON LABEL (Required) PERMIT/BREWER'S Domestic NO. (Required) ~ BR-PA-SUS-15000 0 Imported SUSQUEHANNA BREWING CO, LLC 635 S MAIN ST 4. SERIAL NUMBER 5. TYPE OF PRODUCT PITTSTON PA 18640 (Required) (Required) 15SHML WINE SOUTHAMPTON BOTTLING (Used on label) DISTILLED SPIRITS ~ MALT BEVERAGE 6. BRAND NAME (Required) Ba. MAILING ADDRESS, IF DIFFERENT MONTAUK LIGHT 7. FANCIFUL NAME (If any) 9. EMAIL ADDRESS 10. GRAPE VARIETAL(S) 11. FORMULA 18. TYPE OF APPLICATION (Check applicable (Wine Only) box(es)) N/A a. ~ CERTIFICATE OF LABEL APPROVAL 12. NET CONTENTS 13. ALCOHOL CONTENT 14. WINE APPELLATION IFON LABEL 5.17 Gal CERTIFICATE OF EXEMPTION FROM LABEL APPROVAL 15.5 GAL. (1/2 BBL) b. 0 "For sale in __ only" (Fill in State abbreviation.) 15. WINE VINTAGE DATE 16. PHONE NUMBER 17. FAX NUMBER DISTINCTIVE LIQUOR BOTTLE APPROVAL. ~ IF ON LABEL (570) 654-3557 (570) 654-3607 TOTAL BOTTLE CAPACITY BEFORE CLOSURE c. ___ (Fill in amount) RESUBMISSION AFTER REJECTION d. 0 TTB ID. NO. -- 19. SHOW ANY INFORMATION THAT IS BLOWN, BRANDED, OR EMBOSSED ON THE CONTAINER (e.g., net contents) ONLY IF IT DOES NOT APPEAR ON THE LABELS AFFIXED BELOW. ALSO, SHOW TRANSLATIONS OF FOREI GN LANGUAGE TEXT APPEARING ON LABELS. PART II - APPLICANT'S CERTIFICATION Under the penalties of perjury, I declare; that all statements appearing on this application are true and correct to the best of my knowledge and belief; and, that the representations on the labels attached to this form, incl uding supplemental documents, truly and correctly represent the content of the containers to which these labels will be applied. I also certify that I have read, understood and complied with the conditions and instructions which are attached to an original TTB F 5100.31, Certificate/Exemption of Label/Bottle Approval. 20. DATE OF 21. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT 22. PRINT NAME OF APPLICANT OR APPLICATION (Application was e-filed) AUTHORIZED AGENT 03/27/2015 Fred Maier PART Ill - TTB CERTIFICATE This certificate is issued subject to applicable laws, regulations and conditions as set forth in the instructions portion of this form. 23. DATE ISSUED 124. AUTHORIZED SIGNATURE, ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 04/22/2015 6/20/2018 OMB No. 1513-0020 FOR TTB USE ONLY QUALIFICATIONS EXPIRATION DATE (If A brewer who purchases or otherwise obtains kegs from another brewer shall permanently remove or any) durably cover the original marks or brands as per 27 CFR 25. 144 Approved pending rulemaking on light (lite) and carbohydrate representations. See TTB Ruling 2004-1. TTB has not reviewed this label for type size, characters per inch or contrasting background. The responsible industry member must continue to ensure that the mandatory information on the actual labels is displayed in the correct type size, number of characters per inch, and on a contrasting background in accordance with the TTB labeling reg ulations, 27 CFR parts 4, 5, 7, and 16, as applicable. STATUS THE STATUS IS APPROVED. CLASS/TYPE DESCRIPTION BEER AFFIX COMPLETE SET OF LABELS BELOW Image Type: Brand (front) Actual Dimensions: 6.5 inches W X 6.5 inches H Note: The image below has been reduced to fit the page. See actual dimensions above. 6/20/2018 OMB No. 1513-0020 MONTAUK UGHT TTB F 5100.31 (07/2012) PREVIOUS EDITI ONS ARE OBSOLETE Exhibit 2 Trademark Trial and Appeal Board Electronic Filing System. http/!estta.usoto.r;zov ESTTA Tracking number: ESTTA856419 Filing date: 11 /06/2017 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91236881 Party Defendant Montauk Wine Distributors, Inc. Correspondence DAVID A. ZWALLY Address Haug Partners LLP 745 FIFTH AVENUE NEW YORK, NY 10151 Email: [email protected], [email protected], [email protected] Submission Answer and Counterclaim Filer's Name David A. Zwally Filer's email [email protected], [email protected], [email protected], [email protected], cde- [email protected] Signature /david a. zwally/ Date 11 /06/2017 Attachments 20171106095214908.pdf(415177 bytes ) Registration Subject to the filing Registration No. 4399775 I Registration date I 0911012013 Registrant MONTAUK BREWING COMPANY, INC. P.O. BOX 1079, 62 SOUTH ERIE AVENUE MONTAUK , NY 11954 UNITED STATES Goods/Services Subject to the filing Class 032. First Use: 1996/00/00 First Use In Commerce: 1996/00/00 All goods and services in the class are requested, namely: Beer IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD ------x Montauk Brewing Company, Inc., Opposer, v. Opposition No. 91236881 Montauk Wine Distributors, Inc., Applicant. ------x ANSWER AND COUNTERCLAIM Applicant Montauk Wine Distributors, Inc. ("Applicant"), by its undersigned attorneys, hereby answers the Notice of Opposition ("the Notice") filed by Montauk Brewing Company, Inc. ("Opposer") and responds to the numbered paragraphs thereof as follows: 1. Applicant admits that the applied for mark has been opposed, but denies the remaining allegations of paragraph 1 of the Notice. 2. Applicant admits that Applicant's mark is MONTAUK SUMMER, but lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations of paragraph 2 of the Notice, and accordingly denies them. 3. The allegations in paragraph 3 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 3 of the Notice, Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. 4. The allegations in paragraph 4 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 4 of the Notice, 01772975.DOC Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. 5. Applicant admits only that Applicant's mark is MONTAUK SUMMER. The allegations in paragraph 5 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 5 of the Notice, Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. 6. The allegations in paragraph 6 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 6 of the Notice, Applicant lacks knowledge or information sufficient to form a belief: and accordingly denies them. 7. The allegations in paragraph 7 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 7 of the Notice, Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. 8. Applicant denies the allegations of paragraph 8 of the Notice. 9. Applicant denies the allegations of paragraph 9 of the Notice. 10. Paragraph IO in the Notice does not exist. Thus, no response is required. 11. The allegations in paragraph 11 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 11 of the Notice, Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. 12. Applicant admits that the goods recited in its application are "wines" and the goods recited in the Opposer's asserted registration are "beer." 2 13. As to the allegations of paragraph 13 of the Notice, Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. 14. The allegations in paragraph 14 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 14 of the Notice, Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. 15. Applicant denies the allegations of paragraph 15 of the Notice. 16. The allegations in paragraph 16 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 16 of the Notice, Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. 17. The allegations in paragraph 17 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 17 of the Notice, Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. 18. The allegations in paragraph 18 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 18 of the Notice, Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. 19. Applicant denies the allegations of paragraph 19 of the Notice. 20. Applicant denies the allegations of paragraph 20 of the Notice. 21. The allegations in paragraph 21 of the Notice set forth legal conclusions for which no response is required. If a response is required for the allegations of paragraph 21 of the Notice, 3 Applicant lacks knowledge or information sufficient to form a belief, and accordingly denies them. FffiST AFFIRMATIVE DEFENSE 22. The Notice fails to state a claim upon which relief can be granted. SECOND AFFmMATIVE DEFENSE 23. There is no likelihood of confusion, mistake, or deception because, inter alia, Applicant's mark is different in sight, sound, and meaning from Opposer's alleged mark; and because the goods bearing the respective marks are marketed in different channels of trade to different consumers. THIRD AFFmMATIVE DEFENSE 24. Opposer's alleged mark - MONTAUK LIGHT - is descriptive, is not inherently distinctive, has not acquired distinctiveness, and lacks secondary meaning. COUNTERCLAIM 25. On information and belief, Registration No. 4,399,775 issued September 10, 2013 to McSully Enterprises, Inc. ("McSully"), and later assigned to Opposer, for MONTAUK LIGHT for beer, is invalid and should be cancelled and stricken from the Principal Register. 26. On information and belief, Opposer has not used MONTAUK LIGHT in commerce, on at least the goods recited in the registration, since at least as early as September 2014 and has therefore abandoned the mark. See Exhibit A, copies of Opposer's seven different beers for sale none of which are named MONTAUK LIGHT. 27. 1f Opposer is permitted to continue to maintain its registration, the continued existence of such registration may cast a cloud upon Applicant's right to continue to use, 4 register, and expand Applicant's use of MONTAUK SUMMER. Opposer's registration might also cast a cloud upon the rights of third parties to adopt, use, and/or register certain marks. Opposer's registration would thus be a source of damage and injury to the Applicant, and also to third parties. WHEREFORE, Applicant petitions for cancellation of Registration No. 4,399, 775 issued September 10, 2013. WHEREFORE, Applicant prays that the Notice of Opposition be dismissed in its entirety, Registration No. 4,399,775 be cancelled, and Applicant's Serial No. 87/295,625 be granted forthwith; and that the Board grant such further relief that is just and proper. Respectfully submitted, HAUG PARTNERS LLP Attorneys for Applicant Dated: New York, New York November 6, 2017 By: //David Zwally// David A. Zwally Marilyn Matthes Brogan Ben Natter 745 Fifth Avenue New York, New York 10151 (212) 588-0800 s EXHIBIT A (to the Montauk Opposition: Dooumenll Home - Montauk Brewing Company Page 1 of3 COfl[ AS IOU AR[ MONTAUK UIWIU CO, W'Ml~tlMl2•1 ...1..a ...... ,., ....~ ...... ~-"'·~-.-....} ...... l't.. wWwrllnl ..M ...... • ...... ~...... tf ...... _...... _ - ., ••~ ....h ...... .....r.~ ...... w.-,...,, ,...... ,.Tlit"' ...... ,.... -.,...... -. .i;ic9'14 k~I THE FOUNDERS ERIC VAUGHAN JOE MOSS CUTILLO SULLIVAN _..,,.. __ ,._....JIM-'IL i'""'...... l\;Of_M_O..il"oo• .VW ~ ,...... 11-"'C.~.._~ .; , "'...... ~. ..,,., ...... ____. 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'"(\ 1 '7 Home - Montauk Brewing Company Page 3of3 llllfll'llO/lllll """" _ _:w _ _...,.~ ...."" 1M • ntJn t/llllliltlll-lll 1 (\ /"! t: /"! (\ 1 '7 CERTIFICATE OF SERVICE I hereby certify that, on this 6th day ofNovember, 2017, a copy of the foregoing ANSWER AND COUNTERCLAIM was served upon Opposer's counsel, Mark J. Meeker, Esq., via e-mail at the following address: mjmeeker3 l [email protected] Dated: New York, New York November 6, 2017 By: //David Zwally// David A. Zwally Marilyn Matthes Brogan Ben Natter HAUG PARTNERS LLP 745 Fifth Avenue New York, New York 10151 (212) 5 88-0800 6 Exhibit 3 2/19/2019 Lager - Wikipedia WIKIPEDIA Lager Lager is a type of beer conditioned at low temperatures.[1J The term may also be used as a verb to describe the cold-conditioning process. Lagers can be pale, amber, or dark. Pale lager is the most widely consumed and commercially available style of beer. Well known brands include Pilsner Urguell, Molson Canadian, Miller, Stella A1tois, Beck's, Brahma, Budweiser Budvar, Corona, Snow, Tsingtao, Singha, Kirin, Heineken, Carling, Foster's, Carlsberg, Birra Moretti and Tennents. As well as maturation in cold storage, most lagers are also distinguished by the use of the Saccharomyces pastorianus yeast, A glass of lager from Bitburger, a German a "bottom-fermenting" yeast that also ferments at relatively cold brewery temperatures. It is possible to use lager yeast in a warm fermentation process, such as with American steam beer, while German Altbier and Kolsch are brewed with a Saccharomi1ces cerevisiae top-fermenting yeast at a warm temperature, but with a cold storage finishing stage, and classified as obergiiriges lagerbier (top-fermented lager beer).[2 J[3J Until the 19th centmy, the German word lagerbier (de) referred to all types of bottom-fermented, cool-conditioned beer, in normal strengths. In Germany today, however, the term is mainly reserved for the prevalent lager beer styles of southern Germany,[4] "Helles" (pale) and "Dunkel" (dark). Pilsner, a more heavily hopped pale lager, is most often known as "Pilsner", "Pilsener", or "Pils". Other lagers are Bock, Marzen, and Schwarzbier. In the United Kingdom, the term "lager" commonly refers to pale lagers derived from the Pilsner style.[5] Contents History of lager brewing Production process Variations Styles Pale lager Vienna lager Dark lager See also References History of lager brewing While cold storage of beer, "lagering", in caves for example, was a common practice throughout the medieval period, bottom-fermenting yeast seems to have emerged as a hybridization in the early fifteenth centmy . In 2011, a team of researchers claimed to have discovered that Saccharomyces eubayam1s is responsible for creating the hybrid yeast used to make lage1) 6J[7J 2/19/2019 Lager - Wikipedia Based on the numbers of breweries, lager brewing became the main form of brewing in Bohemia between 1860 and 1870, as shown in the following table:l8l Year Total Breweries Lager Breweries Lager Percentage 1860 416 135 32.5% 1865 540 459 85.0% 1870 849 831 97.9% In the 19th century, prior to the advent of refrigeration, German brewers would dig cellars for lagering and fill them with ice from nearby lakes and rivers, which would cool the beer during the summer months. To further protect the cellars from the summer heat, they would plant chestnut trees, which have spreading, dense canopies but shallow roots which would not intrude on the caverns. The practice of se1ving beer at these sites evolved into the modern Czech Lager beer garden.[9] The rise of lager was entwined with the development of refrigeration, as refrigeration made it possible to brew lager year-round (brewing in the summer had previously been banned in many locations across Germany), and efficient refrigeration also made it possible to brew lager in more places and keep it cold until se1ving.[10J The first large-scale refrigerated lagering tanks were developed for Gabriel Sedelmayr's Spaten Brewery 10 in Munich by Carl von Linde in 1870.[ ] Production process Lager beer uses a process of cool fermentation, followed by maturation in cold storage. The German word "Lager" means storeroom or warehouse. The yeast generally used with lager brewing is Sacchm·o1m1ces pastorianus. It is a close relative of the Saccharomi1ces cerevisiae yeast used for warm fermented ales. While prohibited by the German Reinheitsgebot tradition, lagers in some countries often feature large proportions of adjuncts, usually rice or maize. Adjuncts entered United States brewing as a means of thinning out the body of U.S. beers, balancing the large quantities of protein introduced by six-row barley. Adjuncts are often used now in beermaking to introduce a large quantity of sugar, and thereby increase ABV, at a lower price than a formulation using an all-malt grain bill. There are however cases in which adjunct usage actually increases the cost of manufacture.[n] Variations The examples oflager beers produced worldwide vary greatly in flavor, color, composition and alcohol content. Styles • Pale lager • Helles • Pilsner • Marzen • Bock • Dark lager 2/19/2019 Lager - Wikipedia • Dunkel • Doppelbock • Schwarzbier Pale lager The most common lager beers in worldwide production are pale lagers. The flavor of these lighter lagers is usually mild, and the producers often recommend that the beers be served refrigerated. Pale lager is a very pale to golden-colored lager v.rith a well attenuated body and noble hop bitterness. The brev.ring process for this beer developed in the mid 19th centmy when Gabriel Sedlmayr took pale ale brewing techniquesl12 l back to the Spaten Brewe1y in Germany and applied it to existing lagering brev.ring methods. This approach was picked up by other brewers, most notably Josef Groll who produced in Bohemia (now part of the Czech Republic) the first Pilsner beer Pilsner Urquell. The resulting pale colored, lean and stable beers were very successful and gradually spread around the globe to become the most common form of beer consumed in the world today.l13l Vienna lager Czech Pilsener beer Distinctly amber colored Vienna lager was developed by brewer Anton Dreher in Vienna in 1841. German speaking brewers who emigrated to Mexico in the late 19th centmy, during the Second Mexican Empire, took the style with them. Traditional Vienna lager is a reddish-brown or copper-colored beer v.rith medium body and slight malt sweetness, while Mexican Vienna lager, developed by Santiago Grat114l has a somewhat darker color and roasted flavor. The malt aroma and flavor may have a toasted character.l1sl Despite their name, Vienna lagers are generally uncommon in continental Europe today but can be found frequently in North America, where it is often called pre-Prohibition style amber lager (often shortened to "pre-Prohibition lager"), as the style was popular in pre-1919 An1erica. Notable examples include Samuel Adams Boston Lager, Great Lakes Eliot Ness, Devils Backbone Vienna Lager, Abita Amber, Yuengling Traditional Lager, Dos Eguis Ambar, August Schell Brewing Company Firebrick, and Negra Modelo. In Norway, the style has retained some of its former popularity, and is still brewed by most major breweries. Dark lager Lagers would likely have been mainly dark until the 1840s; pale lagers were not common until the later part of the 19th centmy when technological advances made them easier to produce.l16l Dark lagers typically range in color from amber to dark reddish brown, and may be termed Vienna, amber lager, dunkel, tmave, or schwarzbier depending on region, color or brewing method. Tmave is Czech for "dark", so is the term for a dark beer in the Czech Republic - beers which are so dark as to be black are termed cem e pivo, "black beer".l17l Dunkel is German for "dark", so is the term for a dark beer in Germany. With alcohol concentrations of 4.5% to 6% by volume, dunkels are weaker than Doppelbocks, another traditional dark Bavarian beer. Dunkels were the original style of the Bavarian villages and countryside.l18l Schwarzbier, a much darker, almost black beer v.rith a chocolate or licorice-like flavor, similar to stout, is mainly brewed in Saxony and Thuringia. 2/19/2019 Lager - Wikipedia In 2010 brewer Diageo which is part made up of the Irish brewer Guinness released their own Guinness Black Lager brand. See also • Beer measurement, information on measuring the color, strength, and bitterness of beer • Reinheitsgebot, an influential Bavarian and German brewing law References 1. Briggs, D.E.; Boulton, C.A.; Brookes, P.A.; and Stevens, R. Brewing, 2004, CRC. ISBN 0-8493-2547-1 p. 5. 2. Jeff Alworth (2015). The Beer Bible The Essential Beer Lover's Guide (https:// German Dunkel beer books.google.com/books?id=6eRbBAAAQBAJ&pg=PA234). Workman Publishing. p. 234. ISBN 0-7611-8498-8. 3. Ray Daniels (1998). Designing Great Beers The Ultimate Guide to Brewing Classic Beer Styles (https://books.google.com/books?id=r8yQAwAAQBAJ&pg =PA). Brewers Publications. ISBN 978-0-9840756-1-4. 4. "Willkommen beim Deutschen Brauer-Bund: Helles Lager/Export" (http://www. brauer-bund.de/index.php?id=130&ageverify=16). brauer-bund.de (in German). Retrieved September 3, 2015. 5. "Pils is arguably the most successful beer style in the world" (https: //web.archi ve.org/web/20111019092501 /http://germanbeerinstitute.com/pils.html). The German Beer Institute. Archived from the original (http://www.germanbeerinsti tute.com/pils.html) on 2011-10-19. 6. "500 years ago, yeast's epic journey gave rise to lager beer" (http://www.gene ticarchaeology.com/research/500 years ago yeasts epicjourney gave rise _to_lager beer.asp). Geneticarchaeology.com. Retrieved 2014-04-08. 7. "Microbe domestication and the identification of the wild genetic stock of lager-brewing yeast" (http://www.pnas.org/content/early/2011 /08/17/11054301 08.abstract?sid=db73f82d-4d01-41 c8-b40d-7dd90eb392fa). Proceedings of the National Academy of Sciences. 108: 14539-14544. 2011-08-22. doi: 10 .1073/pnas.1105430108 (https://doi.org/10.1073%2Fpnas.1105430108). PMC 3167505 (https://www.n cbi.nlm.nih.gov/pmc/articles/PMC3167505). Retrieved 2014-04-08. 8. Pasteur, Louis, Studies in Fermentation, 1879. English translation reprinted 2005 Beerbooks.com ISBN 0-9662084-2-0 p10. Citing Moniteur de la Brasserie, 23 April 1871. 9. Schaffer, Albert (2012-05-21 ). "120 Minuten sind nicht genug" (http://www.faz. net/aktuell/gesellschaft/biergaerten-120-minuten-sind-nicht-genug-11759037. html) [120 minutes aren't enough]. Frankfurter Allgemeine Zeitung (in German). Retrieved 2016-10-11. 10. James Burke (1979). "Eat, Drink, and Be Merry''. Connections. Episode 8. Event occurs at 41 (49 minutes). BBC. 11. Bamforth, Charles (2003). Beer: Tap into the Art and Science of Brewing, Second Edition. Oxford University Press, Inc. ISBN 0-19-515479-7. 12. "The History of Lager" (http://www.beerexpert.co.uk/lager.html). 2/19/2019 Lager - Wikipedia 13. "LAGER BEER STYLES, European All-malt Pilsener" (https: //www.beermonth club.com/beer-style-guide-lagers). Beermonthclub.com. Retrieved 2014-04-08. 14. One Hundred Years of Brewing, Arno Press, New York, 1974 15. Gregory J. Noonan, Mikel Redman and Scott Russell; Seven Barrel Brewery Brewers' Handbook; G.W. Kent, Inc; ISBN 1-887167-00-5 (paperback, 1996) 16. "German Beer Guide: Dunkel" (https://web.archive.org/web/20100609015418/ http://www.germanbeerguide.co.uk/dunkel.html). www.germanbeerguide.co.uk. Archived from the original (http://www.germanb eerguide.co.uk/dunkel.html) on 2010-06-09. Retrieved 2010-05-26. 17. "Prazsk:i' Most u Valsu at Beer Culture" (http://www.beerculture.org/2009/06/0 4/prazsky-most/). www.beerculture.org. Retrieved 2010-09-28. 18. "Dunkel" (https://web.archive.org/web/20100609015418/http://www.germanbe erguide.co.uk/dunkel.html). German Beer Guide. 2004-08-01. Archived from the original (http://www.germanbeerguide.co.uk/dunkel.html) on 2010-06-09. Retrieved 2012-08-14. Retrieved from "https://en.wikipedia.org/w/index.php?title=Lager&oldid=881464501" This page was last edited on 2 February 2019, at 19:34 (UTC). Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. Exhibit 4 2/13/2019 Why Breweries Are Embracing Hard Kombucha I Wine Enthusiast Magazine Why Breweries Are Embracing Hard Kombucha Kombucha has gone from its ancient Chinese roots to being a mainstream drink around the world. And now breweries are taking the fermented tea once step further with hard kombucha and kombucha-beer concoctions. BY JOSHUA M. BERNSTEIN Andrew Clark was a homebrewing obsessive. If he wasn't brewing beer, he was probably drinking beer. It's a classic narrative that often turns a passion into a career. oain, not oleasure. . . . Welcome to Winemag.com! By using our website you agree to our use of cookies and the terms of our "I started feeling really crappy," says ~Y~ded an alternative so I wouldn't feel like shit:' AcceP-t With sulfites ultimately the likely culprit, wine and hard ciders were also off the menu. 2/13/2019 Why Breweries Are Embracing Hard Kombucha I Wine Enthusiast Magazine "They have to kill everything, or [it] will keep fermenting," he says. Clark, who's fermented grapes, grains and fruits alike, found one hard beverage that left him happily buzzed: kombucha. Clark is now brewmaster and co-founder of Boochcraft, which currently distributes throughout California. He boosts the acidic fermented tea's alcohol content with brewing yeast, and flavors the fermentations with cold-pressed turmeric and tangerine juices, plus herbs like rosehips and anise. Boochcraft's kombucha beer America is in a beverage-wellness moment, as consumers seek drinks that deliver taste and a sense of well-being. Kombucha producers are looking to take advantage of that trend. Instead of an alternative to alcohol, hard kombucha are now an alternative alcohol. It's no wild leap. Alcohol is already a byproduct of kombucha production. Take tea, add sugar, toss in a symbiotic culture of bacteria and yeast (a k a SCOBY) and fermentation W~nfi~i't(filr~qH9fu§¥it'ftiaiit8Wt~n~5l~'SS''tH~W~k0aP&SH8't 8ycvl9IDITi~~ WffiCWf~ur the Food and Drug Administration's ~for booze-free beverages. To raise kombucha's alcohol level to new heights requires a few tricks. AcceP-t Turnine Uo Kombucha 2/13/2019 Why Breweries Are Embracing Hard Kombucha I Wine Enthusiast Magazine To create beer, brewers simmer a grain broth, then the yeast. Microbes convert available sugars into alcohol in a comfortable environment. The yeast used to create hard kombucha takes a more trying path. Boochcraft products first undergo standard SCOBY fermentation before a special yeast and organic cane sugar are added. "The conditions for that yeast to ferment in are much harsher;' says Clark. "There's high acidity. There's lots of competition." He tested a number of yeasts before Boochcraft settled on a proprietary strain that thrived in the severe conditions and delivered the target abv. "We chose 7% [abv], which is kind of like a standard IPA," he says. The fermentation takes around five weeks. "No one ever says that it's too high or too low. It's sort of like the sweet spot." Michigan's UnitY. Vibration is right around that number with its hopped hard kombuchas. Brooklyn-based Kombrewcha registers at 3.2% abv with products flavored with berries and hibiscus, lemongrass and lime. Privacv. Policv. Full Sail Brewing's KYLA kombucha beer Oregon's Full Sail Brewing settled on 4.5% abv for its KYLA duo of hard kombucha, which debuted this spring in ginger-tan~tiepflnd hibiscus-lime flavors. 2/13/2019 Why Breweries Are Embracing Hard Kombucha I Wine Enthusiast Magazine "For us, we're standing on a few of the attributes that we thought were important," says Cory Comstock, CEO of Full Sail. "It's a reasonable level of alcohol, 100 calories and less than two carbs and two grams of sugar. That is something consumers can feel good about drinking. They're not afraid to have more than one." Instead of tossing another double IPA out there, Comstock says, "we were really inspired to do something that's innovative in craft. This was a space that didn't seem like it had a lot of brewers going down that path. If you think about it, it's fermentation. It's what brewers do every single day." To prevent the sour bacteria used for kombucha from infecting its beers, Full Sail leased an adjoining building. Over the better part of a year, it perfected the process for what became KYLA, an acronym for kombucha, yeast and Lactobacillus and Acetobacter bacteria, which supply sourness and acidity. Thanks to a top-secret technique, KYLA's unpasteurized offerings is loaded with gut friendly live cultures, yet remains shelf-stable, a unique position. Most kombucha are refrigerated because the beverage is active and warm temperatures can cause re fermentation. That can throw flavors off kilter and create extra carbonation that could potentially cause bottles to explode. To prevent issues, unpasteurized and preservative-free Boochcraft is shipped cold, and the temperatures are monitored carefully throughout every link of the distribution chain. Boochcraft also educates retailers. nd the terms ofour _Q)~ 2/13/2019 Why Breweries Are Embracing Hard Kombucha I Wine Enthusiast Magazine "If we frame the product as a food as opposed to an alcohol, it clicks a lot easier for them," says Clark. "This is living alcohol infused with nutrition." Nationwide, breweries are also experimenting with kombucha-beer hybrids. Wisconsin's Funk FactorY. Geuzeria has blended its sour beer with lemongrass-ginger kombucha, while Sweden's Brekeriet created a sour beer with kombucha cultures. This spring, Rogue Ales released Kulture Clash, a blend of ginger-y Brew Dr. Kombucha and a custom-brewed imperial blonde ale. "There are such sophisticated and powerful flavors in the kombucha that we couldn't pick one of our beers off a shelf and throw kombucha in it," says Rogue president Brett Joyce. "When you're intentionally blending things together that were designed to blend together, you get a more complete product:' Rogue doesn't make health claims about the beer. For one reason, the probiotics are removed prior to packaging. Moreover, the FDA regulates all alcohol assertions. Boochcraft also shies from sweeping health claims. However, Clark can't help but listen to feedback from fans that swear they're less groggy-eyed after a night out. "We can attribute that to the high incidence of B vitamins-that's our guess;' says Clark. "Some of the beneficial acids in kombucha might help metabolize alcohol in the human body." Driven by demand, Boochcraft's rapid expansion plans are centered on cans and barrel-aging experiments. Clark is exploring flavor profiles from sweet to savory to sour, and he uses ingredients like grapes and apples to draw in drinkers and spread his message. "We want to use this product as a platform to talk about this being the healthiest version of drinking you can do," he says. ALSO FEATURED Welcome to winemag.com! By using our website you agree to our use of cookies and the terms of our Privacv. Policv. 2/14/2019 Four North Carolina Brewenes Producing Kombucha I Our State Magazine Four North Carolina Breweries Producing Korn bu cha These breweries are tapping into the growing kombucha trend by offering the fermented tea alongside their traditional craft beers. written by ETHAN BUT LER RAPH BY LENNY BOY BREWING COMPANY Living healthier and trying new things are two common New Year's resolutions, and several breweries across the state offer the opportunity to meet both goals at once. Sour beer lovers will find familiar flavors in kombucha, an effervescent, tart, non-alcoholic drink made from fermented black and green tea. For 2,000 years, people have drunk kombucha for its healing properties. "It's low in sugar and caffeine, and offers clean natural energy packed with beneficial yeasts and bacteria;' says Carly Erickson, proprietor of Boro Beverage in Cary. If you're curious about kombucha, plan a visit to one of these four breweries that are tapping kombucha alongside their craft beers. Lenny Boy Brewing Company Charlotte's Lenny Boy Brewing Company has been fermenting kombucha longer than they've been brewing beer. The South End brewery became the Southeast's first certified organic kombucha brewery in January 2013. In September of the same year, Lenny Boy became licensed as a microbrewery - becoming the only certified organic brewery in North Carolina. Today, the brewery offers seven kombuchas year-round, including Lost Rose, made with rose petal and lemongrass, and Lavenderade, made with lavender and lemon, as well as seasonal flavors, like sweet potato pie. Lenny Boy's kombuchas are sold by the bottle, crowler, growler, and keg in the brewery's taproom, and in stores across North Carolina and along the East Coast. 3000 South Tryon Street, Charlotte, NC 28217 Southern Peak Brewery 2/1412019 Four North Carolina Breweries Producing Kombucha I Our State Magazine Apex's Southern Peak Brewery creates small-batch kombuchas from local fruits and homegrown herbs. Past releases have included a pineapple-kiwi-mango-ginger flavor and a batch featuring North Carolina muscadines. Call ahead or visit the brewery's Facebook page to check availability, as the kombuchas often sell out within days of each batch's release. For those interested in the science of kombucha brewing, Southern Peak is hosting two home brewing classes in January with in-house kombucha specialist Sarah Michalski. 950 Windy Road, Suite 100, Apex, NC 27502 Steel String Brewery / Boro Beverage Carly Erickson has been the manager of Steel String Brewery's taproom since the brewery opened in Carrboro in 2011. Erickson is also the proprietor of Boro Beverage, a company producing kombucha, switch el, and shrubs. Steel String carries Boro Beverage's kombuchas on draft or in growlers, including small-batch releases like Bloody Mary kombucha. Recently, Erickson launched a successful Kickstarter campaign to fund the conversion of a 1968 Shasta Related Articles camper into a mobile unit to serve farmers markets, Ca rolina Skies food truck rodeos, and more. Boro Beverage products can currently be found across the Triangle, including at Grey Squirrel Coffee Co. and Johnny's Gone Fishing in Carboro and Guglhupf in Durham. 106 South Greensboro Street, Carrboro, NC 27510 Fortnight Brewing Company Five Seasona l Brews for a Festive Frid ge If you're not quite sold on kombucha, Cary's Fortnight Brewing Company has something to help ease you into it: Lucid Dreamer, a "beer/kom bucha hybrid." On t he beer side of t hings, t he drink is brewed with the malt and hops you'd expect. On the kombucha side, which is sourced from Cary-based kombucha company Tribucha, the drink includes organic tea and spices such as ginger, cayenne, and turmeric. The brewery describes the drink as "delectably sour with a warming sensation:' While kombucha normally contains only trace amounts of alcohol, Lucid Dreamer clocks in at 4.5 percent ABV. Lucid Dreamer is currently on tap at the brewery, and will be available in cans soon. 1006 Southwest Maynard Road, Cary, NC 2751 This story was published on January 4, 2018 Ethan Butler Ethan Butler is a freelance web developer based in Durham and a g raduate of UNC-Chapel Hill's School of Media and Journalism. Butler helped create Our State's BEER NC and continues to update the opp with new information regularly. ADVERTISEMENT 2/13/2019 Kombucha Beer I Unity Vibration Kombucha Beer and Tea H 1 H r 1 734.277 .4063 BREWERY BUSINESS HOURS: MONDAY TO FRIDAY 9AM-4PM, TASTING ROOM HOURS FRIDAY TO SATURDAY 5PM-11PM (734) 961-8437 ABOUT KOMBUCHA KOMBUCHA BEER KOMBUCHA TEA FIND A STORE OUR STORY CONTACT US KOMBUCHA BEER Our delicious Kombucha Beers offer functional wellness benefits, plant-based adaptogens, living probiotics and are truly a better-for-you alcoholic libation! They are a marriage of our 30-day brewed Kombucha, organic dried hops and either organic raw ginger root, organic fresh raspberries, organic peaches, or three types of hops, juniper and grapefruit rind. All aged and open-air-fermented on oak and then bottle conditioned. The combination creates exquisite flavors that have depth and complexity as well as healthy nutrients! Like our organic Kombucha, it is raw, made with organic ingredients, gluten free, vegan and bottle conditioned and lends itself to healthy and beneficial bacteria. Unity Vibration was the first to release an all-kombucha based hard Kombucha nationally in 2011. Also, all of our Kombucha Beers are GLUTEN-FREE! - 2/13/2019 Kombucha Beer I Unity Vibration Kombucha Beer and Tea Our 8% ABV Raspberry Beer pairs well with: fine cheeses, crackers, artisan breads, cupcakes, dark chocolate, desserts and crepes. Our 9.1 % ABV Ginger Beer pairs well with: fresh veggies and salads, spicy meals, Indian & Thai cuisine, BBQ. Our 8.2% ABV Kombucha Pale Ale (K.P.A.) pairs well with: spicy foods, caramelized onions, roast poultry, potato chips, deep-fried foods, citrus or sour fruit. Our 8%ABV Bourbon Peach pairs well with: vanilla pound cake, caramel, smoked meats, pecans, fresh sweet fruit. Our 8% ABV Elderwand is made with elderberry juice, blackberries, blueberries and buckwheat. Very easy to drink and delicious. We also currently offer these Seasonal and Limited run beers: Cream Ale (Biere de Garde kombucha beer lagered w/ flaked maize & aged) 750ml w/ cork (Winter) BrewGyver (Strawberry, maple, smoke, kombucha beer) 16.9oz (Spring) Kriek Tisane (Michigan cherry, lemon verbena, basil kombucha beer) 22oz (Summer) Silver Branch (Kombucha Cider hybrid) 22oz (Fall) Citra B.O. (Citra hops and blood oranges) 22oz (Winter) 3 THOUGHTS ON "KOMBUCHA BEER" Pingback: Fit Fun Wishlist » A Grain and Gluten Free Alcohol Guide Pinnhrir.k· l Jnitv Vihrntion Knmh11r.hri RP.P.r !TrinlP.- 2/13/2019 Kombucha ale: A new kind of funk I DRAFT f (https://www.facebook.com/draftmagazine?_rdr=p) "'JI (http://twitter.com/draftmag) ~ (http://instagram.com/draftmag) ~ (https://draftmag.com/)CRAFr Home (https://draftmag.com/) > Beer (https:// draftmag.com/category/beer/) > Kombucha ale: A new kind of funk BEER (HTIPS://DRAFTMAG.COM/CATEGORY/BEER/) Kombucha ale: A new kind of funk SHARE f (http:// www.facebook.com/ sharer. php?u =https:// draftmag .com/ kom bucha-al e-new-f unk/ &t= Kombucha ale: A new kind of funk) "'JI (https://twitter.com/ home?status=Kombucha ale: A new kind of funk+https://draftmag.com/kombucha-ale new-f un kl) 8+ (https://pl us. googl e.com/share?url = https:// draftmag .com/ kombucha-a le-new-funk/) tp (http:// pi nterest. co ml pin/ c reate/ b utto n/?u rl = https :// d raftmag. com/ ko m b uc ha-ale-new-funk/ &media= http s ://draft mag. co m / w p content/ uploads/ main-imagel .jpg&description=Kombucha ale: A new kind of funk) CATEGORIES: BEER (HTTPS://DRAFTMAG.COM/ CATEGORY/ BEER/ ) FEATURE (HTTPS://DRAFTMAG.COM/ CATEGORY/ FEATURE/) 2/13/2019 Kombucha ale: A new kind of funk I DRAFT (http://draftmag.com/ new/ feature/ kombucha-ale-new- fun k/ kom bucha-2/ ) A new sour ale lurks on the periphery of craft beer, and if you love Iambics, it might just be your next favorite style. by Christopher Staten Walk down bustling Steinway Street in Astoria, Queens, past a boxing gym, a clothing store and a Croatian trave agency, and you'd never suspect the block contains one of the most fascinating fermenting rooms in all of New York City. Just below street level, Spiro Theofllatos tends to open-air fermenting vessels lining the walls of his subterranean brewery. The mixture of glass carboys, oak barrels and stainless steel equipment looks like the workshop of a mad scientist who's taken a sudden interest in Belgian Iambics. The bubbling concoctions are actually a new kind of sour ale, one that blends two ancient traditions and is creeping into New York's craft beer scene. At Beyond Kombucha (http://beyondkombucha.com/%E2%80%8E), Theofllatos crafts kombucha ale, a kombucha-beer hybrid. And the NYC culinary scene's taken notice: Mava 2/13/201 9 Kombucha ale: A new kind of funk I DRAFT Roka, his maple-vanilla rooibos kombucha ale, has a regular tap at Brooklyn's Bierkraft and Manhattan's Colicch & Sons. But, let's back up a moment What the hell is kombucha? The odd-sounding drink has skyrocketed in popularity over the last decade, mainly with the downward-dog warriors wandering the aisles of Whole Foods. The traditional Chinese fermented tea's believed to be chock-full of health-promoting acids and probiotics. Bottles were flying off the shelves until the summer of 2010, when the Food and Drug Administration and the Treasury Department investigated the alcohol content of the non-alcoholic drink-oddly enough, partially initiate by the suspicion that kombucha tea set off Lindsay Lohan's alcohol-monitoring bracelet. Not all kombucha rang in under 0.5% ABV; most hovered around 1.5%. The Feds forced kombucha tea makers to either reformulate the recipes or apply for brewery licenses, so most producers shuttered or went back to the drawing board. Which brings us back to Astoria. A mere two days after Theofllatos launched Beyond Kombucha, the new federal regulations were announced. B the DJ-turned- brewer powered through, and after a 6-month wait, Beyond Kombucha became the first federally licensed kombucha brewery on the East Coast. Theofllatos debuted his traditional-strength kombucha tea at a local gastropub the very next day. "I wanted to keep the original formula and bottle-condition [the tea] with the residual alcohol," he remembers. "But I needed 1 emotionally deal with the fact that I'm paying the alcohol tax." Theoftlatos' first foray into higher-ABV kombucha was a batch of tea (fermented with a traditional pancake-looking symbiotic colony of yeast and bacteria, or SCOBY, which includes familiar beer critters like Brettanomyces, lactobacillus and Saccharomyces), to which he added maple syrup and more yeast. The end result-the prototype of Mava Roka-reached around 6% ABV and balanced the sweetness of mead with the tea's acidity. He's gone on to brew kombucha ales like a smoky, sour rauchbier; a sweet-and-sour cream ale brewed with lactose sugar and a funky yerba mate IPA. "We're creating something brand-new that's riding both waves: Kombucha is big and so is craft beer. It only makes sense to me," Theofllatos says. Beyond Kombucha isn't the only company bridging health drinks and craft beer. Arguably the first kombucha tee: company to launch kombucha beer was Michigan-based Unity Vibration, where husband-and-wife team Rachel and Tarek Kanaan drew from their love of Belgian Iambics to create the 8%-ABV Triple Goddess Raspberry and Triple Goddess Ginger in late 2010. "I compare them to Iambic because people can relate; it has a similar flavor and fruit," explains Rachel. "Then I tell them about the process, and most are surprised it's tea-based." 2/13/2019 Kombucha ale: A new kind of funk I DRAFT Outside of the tea-and the fact that Unity Vibration's beers are non-boiled, unpasteurized drinks-the the Kanaans' process is familiarly Belgian: barrel-aging in oak casks; aged hops; local fruit; and bottle conditioning. Michigan neighbor Tim Faith, a brewer and woodmaster at New Holland Brewing, has made kombucha tea for years. But after he tasted Unity Vibration, brewing kombucha beer became his new pet project. Now, Faith brew 100-gallon batches for New Holland's pub in flavors like blueberry, ginger, lemon and chamomile. He even has a few batches aging in barrels, and hopes to bottle the results. Back in Queens, Theofllatos foresees kombucha as the next big hit in craft beer. "I hope kombucha will achieve the same level of acceptance and notoriety of Iambics," he says. "In five years, I imagine this is something most people will know." THREE TO TRY: Beyond Kombucha Mava Roka: earthy tea, hay, sour lemon Vanberg & DeWulf Lambrucha: barnyard, lemon, cardamom Unity Vibration Bourbon Peach American Wile Ale: tart, sweet peach, bubbly Broughtto you by DRAFT" (https://draftmag.cor (https:// draftmag.com) Exhibit 5 2/13/2019 Budweiser Premium Marinades BREWMASTER'S PREMIUM SAUCES AND MARINADES BUY NOW HOME BBQ WING STEAK & BURGER MARINADE FOOD SERVICE BUY NOW RECIPES OUR STORY PRESS CONTACT US BREWMASTER'S PREMIUM BREWMASTER'S PREMIUM MARINADE MARINADE MARINADES BUFFALO CHICKEN BIG FLAVOR. ZERO HASSLE. Budweiser Marinades are seasoning packed pouches that turn up the flavor and dial down the mess. Simply bag it, zip it, remove it, and you're ready to cook it. 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Add to Cart • Shipping & Returns Exhibit 6 2/19/2019 Montauk Natives Grow Their Montauk Hard Label Whiskey Brand - 27east W ELCOME GUEST I LOG IN Umy/1ndex.cfm? SUBSCRIBE • READ PRESS NEWSPAPERS • NEWSPAPER ARCHIVES • ADVERTISE • CONTACT action=Account.login&url=http%3A%2F%2Fwww%2E27east%2Ecom%2Fnews%2Farticle%2Ecfm/East· End/545395/Montauk· Natives-Grow-Their· Montauk· Hard- Label-Wh1skey·Brand) 2'3ast.com Ul YOUR CONNECTION TO THE HAMPTONS HOME (/) NEWS (/ NEWS) COMMUNITY (/MY-COMMUNITY/) SPORTS (/SPORTS) HAMPTONS LIFE (/HAMPTONS·LIFE) REAL ESTATE (/REAL·ESTATE) EVENTS (/HAMPTONS·EVENTS·CALENDAR) FOOD (/FOOD) BUSINESS (/DIRECTORY) CLASSIFIEDS (/HAMPTONS·CLASSIFIEDS) Enter Keywords search Swirl Read our e-Papers Publication: The East Hampton Press & The Southampton Press Jan 25. 2018 1:51 PM The Southampton Press Montauk Natives Grow Their T11e East Hampton Press Mobile - Tablet - Desktop Montauk Hard Label Whiskey (lmy/index.cfm?action=Account.readEPaper) (View a sample issue (/my/index.cfm? Brand action=Account.samplePaper)) (http://www.27east.com/tools/adclick.cfm? id=1 0731 §ion=) COLUMN ARCHIVE >Legalized Marijuana Could Mean CBD-Infused Drinks Are Coming To A Store Near You (/news/ mticle.cfm/ East-End/581886/ Legalized Marijuana-Could-Mean-CBD-Infused-Drinks-Are Coming-To-A-Store-Near-You) > Shinn Estate Remains Focused On Sustainability Under New Ownership (/ news/ article.cfm/ East End/ 579711/Shinn-Estate-Remains-Focused-On Sustainability-Under-New-Ownership) >Craft DIY Alcohol Kits For Holiday Gifts (/ news/ mticle.cfm/ East-End/575033/ Craft-DIY Alcohol-Kits-For-Holiday-Gifts) > Cocktails To Go With Thanksgiving Dinner (/ news/ mticle.cfm/ East-End/ 571226/ Cocktails-To Go-With-Thanksgiving-Dinner) > Enjoy The Harvest Season's Winery Events On The North And South Forks (/news/ article.cfm/ East End/ 571223/ Enjoy-The-Harvest-Seasons-Winery Events-On-The-No11h-A11d-South-Forks) >Drink Wine Outside Your Comfort Zone (/news/ mticle.cfm/ East-End/568374/ Drink-Wine Outside-Your-Comfo1t-Zone) (http://www.27east.com/tools/adclick.cfm? id=10725§ion=) (http·/Jwww 27east com/my/index cfm? +Q+ifi+h!l!dfll · · · · · (http://www.27east.com/tools/adclick.cfm? action =Account.login&url=http%3A%2F%2 Fwww%2 E27east%2Ecom%2Fnews~&e!!lle.~f/o2 FEast%2DEnd%2F a a m a @!I l!IEJIEJ Jan 29, 2018 10:39 AM By Hannah Selinger It started as an idea among bartenders. In 2014, friends and Montauk natives Tom Ciccariello, Mike Demasco and Skylar Gardell-Gross came up wit h an idea. They wanted to produce a whiskey- one that was aged, and one that represented their visions as young bartenders on the East End. The three friends worked at Montauk's 668 Gig Shack, owned by Mr. Gardell-Gross's family, and knew that there was increasing demand for artisanal spirits on Long Island. The question was how to harness the trend and, more importantly, how to market and sell whatever product they opted to create. " We knew we wanted to do a whiskey," Mr. Ciccariello said recently, over Greek salads and BLTs at East Hampton's John Papas Cafe. " We knew we wanted to age one and we knew we wanted to do a flavor." In 2015, the three men put their vision to work, and by the summer of 2016, they had placed their whiskeys in some of Montauk's top local establishments. The aged whiskey spends two to three years in barrel. The mash bill is 100 percent sweet corn-a designat ion that is often reserved for bourbon, not whiskey-offering a smooth, yielding spirit. The blueberry whiskey is a sweeter, spicier spirit, with notes of vanilla smoothed by bright fruit undertones. Both are cocktail-friendly. In fact, the Hard Label offers suggestions for drinks on its website, providing recipes for a Montauk Lemonade, Montauk Mule, Montauk Manhattan and 2/19/2019 Montauk Natives Grow Their Monta uk Hard Label Whiskey Brand - 27east Ingredients are sourced locally when possible, and while the product is currently made in the Bronx, the company is in talks to have the operation relocated farther east. As always, quality is of premium importance. "We're trying to source everything as naturally as possible," Mr. Ciccariello sa id. The company uses non-GMO ingredients in their production as a testament to that goal. At its inception, the Hard Label was expected to produce a clear best-seller: the aged whiskey. But the three co-founders were surprised to learn that the blueberry whiskey far outpaced the aged. "The flavor works well with the whole summer vibe that we're trying to capture," said Mr. Demasco. In fact, the blueberry whiskey lends itself perfectly to mixed cocktails, and can be used as a substitute for several other types of alcohol. Hard Label has now established a loyal following, as well as an expanded team. The three co founders operate as their own salespeople and have recruited local photographer James Katsipis to run their Instagram account, @montaukhardlabel. Mr. Katsipis operates as the company's content creator. Sag Harbor native Abby Gawronski is the company's director of marketing. Ms. Gawronski sees the "authentic to Montauk culture" label as the natural extension of "a place that so many people want to have a part of." As Montauk Hard Label embraces its upcoming third summer season, its co-founders are beginning to dream even bigger. With a new distributor on the horizon- details of distribution for t his year are still being finalized- Mr. Ciccariello, Mr. Demasco and Mr. Gardell-Gross are hoping to lengthen the reach of their brand. They are also looking to expand the creativ e aspect, bringing new flavors into the mix. They hope to release at least one new flavor in 2018. Eventually, they hope to create a brick-and-mortar space in Montauk for production and sales. For now, Montauk Hard Label has been a fun, rewarding ride for three friends who wanted to create something representative of their roots. With their strong ties to the community, the trio has successfully placed their product on shelves and behind the bar of local retailers and restaurants. " It has been a lot of fun and it's getting a good reaction from people," Mr. Ciccariello said. This summer, expect to see far more Hard Label at local establishments. Hard Label is a quintessentially Montauk product, down to its artwork, a gaping shark jaw paying homage to the town's fishing roots- and designed by local artist and jewelry designer Erin Boyle. Montauk Hard Label is available throughout the Hamptons, at both retailers and restaurants. Some of the establishments carrying the whiskey include Montauk's Sloppy Tuna, Gosman's, Inlet Seafood Restaurant and White's Liquor Store; Amagansett's Stephen Talkhouse; East Hampton's Park Place Wines & Liquors; Sagaponack's Townline BBQ; Sag Harbor's Sag Harbor Liquor Store; and Greenport's Greenport Wines and Spirit s. () '4+if j8.ll!lldbl (http://www.27east.com/my/index.cfm? action=Account.login&url=http%3A%2F%2Fwww%2E27east%2Ecom%2Fnews%2Farticle%2Ecfm%2FEast%2DEnd%2F545395% a 11 a a !!!! MOST READ MOST COMMENTED OTHER ARTICLES YOU MIGHT LIKE 1. 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Town And Property Owner Settle Dispute Over Over-Farro-Pilaf-For-Valentines-Day) Feb 12, 2019 Duryea's Development Potential ln Montauk 10:40 AM (/news/article.cfm/Montauk/583950/Town-And Property-Owner-Settle-Dispute-Over-Duryeas Development-Potential-ln-Montauk) 5. From Freddie Mercury To Joey Ramone, East Hampton Photographer Chip Dayton Documented The Golden Era Of Rock (/news/article.cfm/East End/58341 O/From-Freddie-Mercury-To-Joey-Ramone East-Hampton-Photographer-Chip-Dayton Documented-The-Golden-Era-Of-Rock) 6. Theater Review: 'Love Letters' Reinvigorates A Dying Art (/news/article .cfm/East-End/583404/Theater Review-Love-Letters-Reinvigorates-A-Dying-Art) 7. Tracking Deer Can Be Helpful For Gardeners. Too (/news/article.cfm/East-End/581869/gardener) 8. Growing Peas Can Be a Fun Gardening Activity To Share With Children (/news/article.cfm/East End/581873/Growing-Peas-Can-Be-a-Fun-Gardening Activity-To-Share-With-Children) '4+if j8.l¥1jfah1 (bllR:llwww.27east.com/my/index.cfm? a;Hps.i.!li!!J!il ~Rri\~~~~!W~.£.?t3la:'{?~~'.41>~~m'f·2E27east%2Ecom%2Fnews%2Farti cle%2Ecfm%2F East%2DEnd %2F545395%2FMont auk%2DNatives~ action=Account.loQin&url=http% 3A% 2F% 2Fwww%2E27east% 2Ecom% 2Fnews% 2Farticle% 2Ecfm% 2FEast% 2DEnd%2F545395% 2FMontauk% 2DNatives% 2DGrow%2DTheir%2DMo 2/19/2019 Cappy's Warehouse Wine & Spirits Montauk Hard Label Whiskey Blueberry .f. Login Account ~ Cart (0.00 I 0 items) O, Search by keyword or item name •• DCALL US: 516-256-044· CAPPY'S 670 Merrick Roe Warehouse Lynbrook, NY 115( Store Hou1 Wine & Spirits Mon - Thurs 9am - 8pm I Fri & Sat 9am - 9pm I Sun 12 Noon - Sp SHOP WINE SHOP SPIRITS PROMOTIONS ABOUT US EVENTS BLOG CONTACT Montauk Hard Label Whiskey Blueberry 750ML Sku: 06694 Continue Shopping » • Product Information Country: United States SHOP NOW ~~, ."*' Region: New York . , On Sale Type: Blended Whiskey I $29.99 Product Description Our unique take on exploring what a Whiskey can be_ We take our four time distilled bourbon style mash and incorporate a sweet yet subtle infusion of a natural blueberry extract. It is crisp and refreshing, with a burst of blueberry on the front followed by a smooth finish due to the hints of vanilla at the end. It finds a perfect balance between sweet and savory. MORE INFO (2) RATINGS TASTING NOTES Our unique take on exploring what a Whiskey can be. We take our four time distilled bourbon style mash and incorporate a sweet yet subtle infusion of a natural blueberry extract. It is crisp and refreshing, with a burst of blueberry on the front followed by a smooth finish due to the hints of vanilla at the end. It finds a perfect balance between sweet and savory. Producer Montauk Hard Label comes from a passion between friends to create something special to represent the ideals and lifestyle of a town that was losing just that. We knew we had to create something that spoke to the true nature of where we come from and who we are. With Montauk Hard Label we needed to pay attention to the details. We had to make sure we encompassed the unique nature of the sweet summer with cold hard winters, and no body knows the balance better than three life long friends who were born and raised right here in Montauk. 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