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Red Bull Files Complaint Against Virginia Brewery

All About Beer Magazine - Volume , Issue
February 9, 2015
John Holl

Would consumers of the energy drink Red Bull think the company has entered the beer market, if they came in contact with Virginia’s Old Ox Brewery? Attorneys for the extreme drink certainly think so, and have filed a complaint in the United States Patent and Trademark Office. The filing can be found here.

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Red Bull says Old Ox Brewery infringes upon its registered trademark. Photo courtesy Old Ox Brewery via Facebook.

In it, attorneys for the energy drink assert some consumers might confuse the brands because “An ‘ox’ and a ‘bull’ both fall within the same class of ‘bovine’ animals and are virtually indistinguishable to most consumers. In addition, an ox is a castrated bull.”

Earlier this morning the Old Ox Brewery released a public letter asking the company that makes Red Bull energy drinks to drop its complaint.

Read more about the Great Trademark Wars in the All About Beer Archives.

Here’s the letter that Chris Burns, president of Old Ox Brewery sent to Red Bull. What do you think? Let us know in the comments.

Hey Red Bull –

You seem pretty cool. You sponsor snowboarders, adventure racers, rock climbers and motocross bikers. You launch people into space so that they can skydive back down to earth. That’s all really darn cool. For all I know, you’re reading this while strapping yourself into a Formula One racecar that is about to be lit on fire and jumped over a large chasm of some sort. How cool would that be? Feel free to give it a try.

Here’s the thing, though. You are being extremely uncool to us at Old Ox Brewery. We are a small startup brewery in Ashburn, Virginia. We’re family-run, we love beer, and we love our community. For reasons that we cannot understand, you have attempted to strong arm us into changing our identity for the last 10 months because you believe folks might mistake Old Ox beer for Red Bull energy drinks. We respectfully disagree. The only similarity between our two products is that they are both liquids. You make non-alcoholic (but very extreme) energy drinks. We make delicious (but laid-back) beer. Our consumers are looking for two distinctly different experiences from our respective products.

Basically you are holding us hostage with a list of demands that, if agreed to, would severely limit our ability to use our brand. Demands like, never use the color red, silver or blue; never use red with any bovine term or image; and never produce soft drinks. Do you own the color red? What about fuchsia, scarlet, crimson, or mauve? Are you planting your flag in the color wheel and claiming those shades for Red Bull? Do you claim exclusive rights to all things bovine? Do you plan to herd all heifers, cows, yaks, buffalo, bison, and steer into your intellectual property corral, too?

When we refused to succumb to your demands, you responded by filing a formal opposition to not just our trademark but to the very name Old Ox Brewery. Way to step on our American dream. You say you are protecting your intellectual property rights, but your claim, in our opinion, is Red Bulls**t.

We can only interpret your actions as one thing—bullying. You are a big Red Bully. Just like that mean kid from grade school pushing everyone down on the playground and giving us post-gym class wedgies. You are giving us one hell of a corporate wedgie. We don’t appreciate it and we sure as hell don’t deserve it.

Is this really what you’re about? Are you a bully? Your extensive marketing campaigns (your glitzy advertising, your sponsored sports events, your death defying stunt shows, etc.) certainly don’t project that image. Take a hard look at your “case.” Can you honestly look at our brand and say, “this is a threat to my image?” We don’t think you can. Given that,  we repeat our offer: We agree NEVER to produce energy drinks. In exchange, we are asking for one simple thing: Leave us alone. Drop this trademark dispute. The only people benefiting are the lawyers.

Sincerely and Uninfringingly Yours,

Chris Burns

President – Old Ox Brewery

Editor’s Note: An earlier version of this article incorrectly stated the nature of the complaint by red Red Bull. It is a notice of of opposition, not a lawsuit. The article and headline has been updated to reflect this correction.

130 Comments
  • Nick says:
    February 9, 2015 at 10:13 am

    Quite funny… there is a swedish brewery called “Mariestads” founded in 1848 that has a beer named “Old Ox”, and from what i can remember this beer was available way before “Red bull” started hitting the shelves worldwide. Perhaps Mariestads should file a lawsuit against Red Bull then???

    Reply
    • charlie says:
      February 9, 2015 at 9:32 pm

      This is really BULLSh t. These Blue ox folks have stolen Paul Bunions companion. Everybody knows that Paul was born and raised in BANGOR Maine. That is pronounce BangOr. So this Virginia brewery should cease the use of this long standing tradition of using this old ox. To tell you the truth both of these brews makes me think of Rocky Mountain Oysters.

      Reply
      • charlie says:
        February 9, 2015 at 9:34 pm

        Where is the beef? For those who do not know what prairie oysters are. here is part of the definition. Rocky Mountain oysters are the testicles of bull calves used for human consumption. Sometimes pig or sheep testicles are used. They are often deep-fried after being

        Reply
    • Jamie says:
      February 12, 2015 at 11:17 am

      great find Nick! So, I believe the term “prior art” might be applicable, meaning that Red Bull’s trademark shouldn’t have been granted and can now be challenged. If they try to include “Old Ox” as part of their trademark submission does that mean they’re going after the mischievous Chick-fil-a cows too?

      Reply
    • Paul says:
      February 17, 2015 at 7:45 pm

      ok, I’ve read the article, link and a lot of posts. I’ve only had one goose island ipa so far, but I can’t even begin to connect the dots here between names or the logos. I’ve never seen a bull used for plowing or a rodeo where they mistakenly get an ox in the mix.
      I don’t touch that energy drink poison, but a Chris pointed out Red Bull sponsors some awesome stuff.
      I guess my plans for opening Scarlett Zebu hair tonic products might hit a bit of a wrinkle. I certainly don’t want anyone drinking it and going blind.
      Next time I’m close to Ashburn, I’ll be stopping in, trying the sampler, having a pint and getting some old ox swag to wear at the next crazy Red Bull event- sorry but those thinks are really awesome to see in person. Bottoms up and best of luck Chris.

      Reply
  • Mike says:
    February 9, 2015 at 10:19 am

    Way to Go! Great response. Red Bull sucks anyway, its an expensive heart attack in a small can that leaves you with terrible breath and encourages getting wasted. IMO. Best luck with your Old Ox Brewery!!

    Reply
  • shelley says:
    February 9, 2015 at 10:20 am

    I’m just a silly girl. Sometimes I really need an energy drink and I get confused why I’m in a brewery. Wait, why are they carding me for an energy drink? This is weird. Oh wait…. I’m getting drunk from this energy drink from my tulip glass.
    And sometimes I’m in 7-11 thinking I can get a great craft beer, but this can is only making me hyper…
    Why is life so hard?
    I need a beer.

    Reply
  • MonaLS says:
    February 9, 2015 at 10:21 am

    Way to go Old Ox Brewery! You have my support!

    Reply
  • William Meier says:
    February 9, 2015 at 10:38 am

    I’m in favor of the Old Ox Brewery Company.
    I never got wings from red bull!!

    Reply
  • Jan says:
    February 9, 2015 at 11:07 am

    Red Bull is being ridiculous! They are clearly in senseless retaliation after loosing their class action suite for their own mistake in marketing of giving people the false impression that drinking Red Bull will give you wings to fly. Yes, I filed my compensation claim. I took the cash value for the settlement as I thought it was a bigger insult to a company to want cash instead of product. After reading this, I am finished with Red Bull. There are too many other alternative energy drinks out there who are run by management with more common sense then to attempt to file senseless law suites against a micro brewery with a name like Old Ox. Wise up Red Bull and take you heads out of the Bulls ass!

    Reply
    • Dave says:
      February 9, 2015 at 1:46 pm

      While I agree this lawsuit against Old Ox is unfounded and abusive I have two points of order.

      The lawsuit against Red Bull was also unfounded and abusive.

      Red Bull settled they didn’t lose.

      Reply
      • Cooper says:
        February 9, 2015 at 4:59 pm

        There is no lawsuit against Old Ox. This is a clickbait headline, nothing more. Red Bull did not file suit. The writer of this story is misrepresenting what took place here, either in order to generate traffic or because he doesn’t understand trademark law.

        Reply
        • Mike says:
          February 9, 2015 at 9:14 pm

          The article was changed to reflect the fact that no law suit was filed.

          Reply
        • Will Jordan says:
          February 10, 2015 at 8:31 am

          Actually, this is not clickbait. They corrected their article to indicate that Red Bullshit is trying to take away Old Ox’s trademark.

          Reply
        • laughing says:
          February 10, 2015 at 12:03 pm

          They filed a Notice of Opposition with the Trademark Trial and Appeal Board

          Reply
        • Dave says:
          February 10, 2015 at 12:49 pm

          Absolutely untrue – Red Bull filed a Notice of Opposition against Old Ox’s logo and word marks with the Trademark Trial and Appeal Board: http://ttabvue.uspto.gov/ttabvue/v?pno=91220413

          You can read the complaint (as linked by the author, albeit hosted at WSJ) directly with the TTAB here: http://ttabvue.uspto.gov/ttabvue/v?pno=91220413&pty=OPP&eno=1

          Reply
        • William jones says:
          February 10, 2015 at 3:45 pm

          The opening salvos in an abusive lawsuit are much closer in nature and burdensome effect to the lawsuit proper than an ox is to a bull.

          Reply
        • Kay says:
          February 10, 2015 at 4:10 pm

          Red Bull may not have filed a lawsuit but they have filed a complaint and that is what the article states. You don’t have to be a genius to understand this whole issue is costing a start up brewery a lot of money in lawyer fees. This could potentially put Old Ox out of business when the issue is baseless.

          Reply
  • Robert says:
    February 9, 2015 at 11:27 am

    Fight the fight, Old Ox. Red Bull is clearly being a giant ASS. Oh, sorry, Red Bull, is that too close to a bovine, as well? Shall I cease and desist?

    Reply
    • jaemo says:
      February 9, 2015 at 10:06 pm

      That would actually be equine… not bovine… 🙂

      Reply
  • Chip Ford says:
    February 9, 2015 at 11:33 am

    … soooo… Red Bull is trying to claim exclusive rights to specific frequencies of the visible light spectrum?

    Red Bull is the best solution I’ve ever found to occasional constipation.

    Reply
    • de says:
      February 9, 2015 at 9:04 pm

      Actually, companies do trademark colors. I learned some time ago that Sears owns “sears blue”
      Crazy, right?

      Reply
  • Stephen Schuurman says:
    February 9, 2015 at 11:34 am

    Quality Chris! Fucking corporations. Good luck on your quest to stop getting wedgies from the Red Bull bullies.
    Stephen at Winchester Ciderworks

    Reply
  • aayush patel says:
    February 9, 2015 at 11:43 am

    I agree with old ox brewery,this is nonesense from Redbull company, I m sure red Bull r seeing themself going down,and since they are running in loss I m sure they will do stupid things like going after small brewery, I am a retailer and I see noting but seeing Redbull raising their price and cutting our profit margin, the case which cost 32.99 now it cost 36.99 and they want us to sell it at same price which has been around from years and years back! Sometimes I feel like the Redbull company has dream to get into all fields and complete their dreams by making consumer spend their money. Realistically Redbull got popular as a mixer with vodka(redbull/vodka),my support is with old ox brewery!

    Reply
  • Jeff Lindwarm says:
    February 9, 2015 at 11:49 am

    chris, you guys must be doing something right! Theyve heard of your brewery. Other than that, they have no base here.

    Reply
  • Judith Purcell says:
    February 9, 2015 at 11:52 am

    Hey, Chris Burns;

    I am with you and your comments in the letter. This bullying tactic was tried on a small organic food company that dared to produce a safe, delicious organic mayonnaise and Hellman’s tried to shut them down too. I believe they started a petition on AVAAZ.ORG to let the world know what Hellman’s was up to. You could too. You’re absolutely right – RED BULLY, RED BULLS__T and the legal beagles are laughing all the way to the bank. I’m sharing this everone who loves Micro Breweries for the great BEER they produce!

    Reply
    • Tony says:
      February 9, 2015 at 2:07 pm

      Hello Chris,

      I feel that my brewery in planning is facing the same dispute but with Monster energy. Would love to reach out to you and exchange words and ideas. Thanks, Tony

      Reply
      • jeremy says:
        February 10, 2015 at 12:58 pm

        You should reach out to Rock Art Brewery in Vermont. They have had their issues in the past with Monster as well.

        Reply
  • John says:
    February 9, 2015 at 12:00 pm

    I LOVE the letter to Red Bull! I think this lawsuit is just a publicity stunt. I lived in the Northern Virginia area (Leesburg, Ashburn, and Herndon.) more than 20 years. I’ve now lived in the Denver area for the last 2 years and have been getting to know a lot about craft beer and microbreweries. For the past year and a half, I’ve been buying nothing but local beers and frequent the small brewery in my town (Elk Mountain Brewing) in Parker, CO. I am planning on coming back to VA to visit at the end of this month and now I plan on making a point to stop by Old Ox. Good luck with this lawsuit and keep on Brewing.

    John Bundy

    Reply
  • Linda stark says:
    February 9, 2015 at 12:08 pm

    leave the little guy alone He is not your competition. Unless you intend to sue everyone who uses the bovine terms, and if you have more money than you know what to do with, let this stop. Public outcry is a powerful thing. And the public doesn’t like a bully.

    Reply
  • Evan Labbe says:
    February 9, 2015 at 12:10 pm

    Well, Red Bull has their work cut out for them now.
    sue the Bulls Basketball team.
    And those selling Bison meat.
    And those FARMERS! Sue all the farmers!!

    Pamplona, Spain… you’ve been warned!

    Reply
    • Dan Elias says:
      February 9, 2015 at 9:38 pm

      Yeah. I never thought of that. What color are the Bulls uniforms? Perhaps the Bulls should sue Red Bull.

      Reply
  • Tom says:
    February 9, 2015 at 12:15 pm

    This is clearly the work of a law firm who wanted to generate more billing hours to Red Bull. ‘Gotta protect your brand aggressively.’

    While I wouldn’t go so far as to say that we should take the Shakespeare solution, I would suggest that we kill all the asshats.

    Reply
  • Pat Roberts says:
    February 9, 2015 at 12:16 pm

    On the positive side, I will forever think of Old Ox Brewery as I see Red Bull in the convenience store cooler and reach for a different brand of energy drink.

    Reply
  • Rich says:
    February 9, 2015 at 12:18 pm

    I’m with ya Old Ox Brewery.

    Commence “Operation Ring the Bull’s Bells’.

    Everytime you drink an Old Ox brew, or see advertising for Old Ox or anything with Red Bull on it….give Red Bull’s corporate office a jingle. They’re probably too busy to talk, so save their time by just hanging up once they answer, so they’ll know who to attribute the call to. Makes an excellent drinking game, especially while going through a case of Old Ox!

    Reply
  • Chris says:
    February 9, 2015 at 12:26 pm

    You know this could actually be a good thing for Old Ox. If enough people start hearing about this it could be some excellent publicity and IMO Old Ox deserve it! They make quality beer. I’m especially a fan of the Oxplorer.

    There is no way Red Bull can win this, it’s absolutely ridiculous. In the meantime milk this for all it’s worth Old Ox, get your name out there and keep making delicious beer!!

    Reply
  • Jeff G says:
    February 9, 2015 at 12:31 pm

    I wore a red shirt today, now I’m getting nervous i will get in trouble with Red Bull. Stay strong Old Ox.

    Reply
  • Mario says:
    February 9, 2015 at 12:32 pm

    Mr. Chris Burns,
    Bravo to you good sir! Bravo! Your letter was right on!! They are being Red Bullies. I for one love my craft beer. I make my own and I buy the tantalizing goodness of micro brews! There is no comparison to Energy Bull pucky vs the sweet nectar of a good beer. Red Bull stop hatin’ on a brotha!!! If you want to corner the bovine industry. Go into making steaks instead of that Red Bull S**t you pan off as an energy drink!

    Reply
  • Mary Sparks says:
    February 9, 2015 at 12:38 pm

    Kudos Chris, for standing up to the ‘Red Bully’. You may want to also remind them that the ‘Chicago Bulls’ have used a ‘Red Bull’ logo long before the energy drink ever existed. Maybe the Chicago Bulls should be suing the ‘Red Bull’ owners 😉 Good luck.

    Reply
  • Kris says:
    February 9, 2015 at 12:39 pm

    I’m a lonely Canadian up here in the frozen depths of Canadia and I’ve never heard of Old Ox before trading this article. But I tell you what, if I ever come across your products I’ll be sure to purchase some. I like the cut of your jib. Good luck with the fight against the big red bully!

    Reply
  • BowDowntoZod says:
    February 9, 2015 at 12:49 pm

    As if I needed yet another reason to despise Red Bull! Douxh-bags!

    Reply
  • David says:
    February 9, 2015 at 1:04 pm

    If Old Ox says the word, We can spread this by social media ,condemning Red Bull and a TOTAL boycott of their product. Then we can show the power of bullying.Also would probably help sales of Old Ox to boot.

    Reply
    • Cooper says:
      February 9, 2015 at 4:56 pm

      Wow, yeah, the 300 people who drink Old Ox sure will put a hurting on the global behemoth that is Red Bull. That’ll put the fear of god in them!

      Here’s a better idea: How about we stop spreading misinformation? Red Bull did NOT sue Old Ox. This headline is FALSE.

      Look at the documents posted above. What they did was file an opposition to Old Ox’s trademark application. This is so routine it’s not even worth mentioning. It happens every day. That is NOT a lawsuit and it will NOT block Old Ox’s application. All it is is Red Bull doing what trademark holders are legally obligated to do, i.e. make reasonable efforts to protect their own mark against anything that might be remotely similar.

      Old Ox will have to do the same sort of thing when THEY are trademark holders.

      Red Bull isn’t going to block Old Ox’s application and they know it. This is purely a CYA formality.

      All the outrage here is nonsense.

      Reply
      • jack says:
        February 9, 2015 at 8:08 pm

        Red Bull is toxic crap. There are no similarities between the brands, in either their product or their imagery. The author of the article corrected his statement about suit vs opposition. And, on that note, the opposition filed is just another blast of noxious attorney ejaculate aimed at legitimate businesses by BigBev and their ilk. I’m guessing you probably have a job as an intern authoring as many of these pointless harassments as you can crap out in a day. GFY

        Reply
      • Will Jordan says:
        February 10, 2015 at 8:34 am

        Actually not. Companies are not obligated to protect their trademarks from non-infringing companies. The Red Bullshit claims are ludicrous. All the outrage is justified.

        Reply
      • Andrew Young says:
        February 12, 2015 at 4:26 am

        Legally obligated? I don’t think so. This is a choice by Red Bull and many people apparently think it is a bad choice.

        Reply
  • Wrong says:
    February 9, 2015 at 1:07 pm

    “Just read the complaint. Paragraph 8 states:

    > Neither Appln. No. 86/269,626 nor Appln. No. 86/269,577 for the OLD OX Marks contain a color claim and can be used in any color, including red, in connection with Applicant’s beverages.

    Paragraph 11 states:

    > Based upon conversations with Mr. Graham Burns, Chief Financial Officer for Old Ox Brewery, LLC, Applicant intends to use its name and logos on other Class 32 beverages, namely soft drinks for non-beer drinkers, thereby acknowledging the link and similarity between all beverages in Class 32.

    Clearly Red Bull is trying to protect its mark and is attempting to make this a narrower trademark. They talked to the brewery, and the CFO allegedly claimed the brewery intends to sell soft-drinks under this brand. The smart thing to do when this is filed with the USPTO is to contest it and let the USPTO shake it out. Better to catch it early rather than when it’s way too entangled to deal with it later.

    This is such non-news. Stop posting this shit just to get people riled up.”

    Credit goes to /u/admiralwaffles of reddit for this info. It’s been discussed to death already. There’s not even an actual lawsuit, just a trademark opposition.

    Reply
  • Bill McNeil says:
    February 9, 2015 at 1:07 pm

    Tell me where I can get Old Ox and I will buy it!

    Reply
  • alexandra says:
    February 9, 2015 at 1:10 pm

    as a Loudoun County gal for nearly my entire life, this is fabulous. You go, Old Ox! Can we also talk about how Old Ox was/or maybe still is(?) a major road in the county?

    Reply
    • Jennifer says:
      February 9, 2015 at 9:11 pm

      Old Ox is still a major road in LC. 🙂

      Reply
  • Brian says:
    February 9, 2015 at 1:13 pm

    This is ridiculous. I hope Red Bull pays all the court costs for the ridiculousness

    Reply
  • Nicole says:
    February 9, 2015 at 1:22 pm

    There is actually a “beer” called Red Bull, brewed by Schlitz in the past, and then by Stroh’s. (It’s technically a malt liquor, but whatever)
    It tastes like hell, makes you feel even worse, and to my knowledge has never been an issue with Red Bull the energy drink.
    How is it that they are going after these little guys, when there is someone with THE SAME NAME that could be more easily confused.

    Reply
  • Craig Smebakken says:
    February 9, 2015 at 1:23 pm

    If they pursue this type of campaign, for principles sake, I could never by their product again. Corporate greed is all it sounds like to me. Another point, Old Ox Road has been around a lot longer than Red Bull Energy Drink…….Are they going to try and change the name of the road, as well?

    Reply
  • Mike C. says:
    February 9, 2015 at 1:25 pm

    Outstanding response Chris!
    I just don’t understand the logic of some of these big brand companies. Yes brand protection is important but do they really think we’re going to confuse the two? In fact I’m not thick but unless someone pointed out the rather obscure linkage between a Red Bull and an Old Ox I would’ve never put the two in the same thought. Must be their lawyers looking to get paid. The Red Bullies must really think us consumers are Pavlovian idiots — and that is a huge insult.
    Keep up the good fight Chris; there’s no way I can see them pulling this one off.

    Reply
  • JamieL says:
    February 9, 2015 at 1:27 pm

    wow, thank goodness Red Bull doesn’t use wheels in anything they do, or I would never be able to enjoy a Fat Tire again!

    Reply
    • Jeff says:
      February 10, 2015 at 10:25 am

      You can enjoy a Fat Tire?

      Reply
  • Rafael says:
    February 9, 2015 at 1:31 pm

    I may just have to take a trip to Ashburn for a pint. Great letter! Best of luck!

    Reply
  • gene phares says:
    February 9, 2015 at 1:41 pm

    I am done with red bull. I believe in capitalism, but this is not what this is about. Bye bull and don’t buy bull. good luck you Old Ox.

    Reply
  • Marc Stinebaugh says:
    February 9, 2015 at 1:48 pm

    Wow, really, Red Bull. That’s just absurd, and you know it.

    Reply
  • Liz Miller says:
    February 9, 2015 at 1:50 pm

    So proud of this local brewery for speaking out!

    Reply
  • SteveT says:
    February 9, 2015 at 1:50 pm

    Is this redbulls’ response to being sued for not actually giving people wings in real life??Fighting stupid with stupid….

    Reply
  • Aly says:
    February 9, 2015 at 1:57 pm

    All of these bulls and they’re worried about an ox?

    Bullfrog Brewery – Williamsport, Pennsylvania
    Bull & Bush Brewery – Denver, Colorado
    La Cave à Bulles – Paris, France
    Cock & Bull – Sarasota, Florida
    The Bulldog – New Orleans, Louisiana
    Bull City Burger And Brewery – Durham, North Carolina
    Bulls Head Public House – Lititz, Pennsylvania
    Bull Feeney’s – Portland, Maine
    Bull & Bones Brewhaus & Grill – Blacksburg, Virginia
    Cock & Bull Public House – Covington, Kentucky
    The Bulldog – Minneapolis, Minnesota
    The Bulldog Restaurant – Minneapolis, Minnesota
    Bullocks Wine & Spirits Warehouse – Marietta, Georgia
    Dog & Bull Brew & Music House – Croydon, Pennsylvania
    Cock & Bull – Hyde Park Cincinnati, Ohio
    The Bull & Castle – Dublin, Ireland
    The Bulldog – Lowertown Saint Paul, Minnesota
    The Bulldog – Jackson, Mississippi
    The Bulldog – Baton Rouge, Louisiana
    Bull Falls Brewery – Wausau, Wisconsin
    Bulldog Brewing Company – Whiting, Indiana
    Buller Brewing Co. – Buenos Aires, Argentina
    Bull & Barrel Brew Pub – Brewster, New York
    Bullseye Wholesale Beverage Distributor – Smithtown, New York
    Bully’s Restaurant And Pub – Columbia, Pennsylvania

    Reply
  • Juan Mario Agudelo says:
    February 9, 2015 at 2:00 pm

    As a Virginian and appreciator of all things fair, F-ck Red Bull.

    Reply
  • John Sampson says:
    February 9, 2015 at 2:04 pm

    I am 100% with Old Ox on this. However, I think this article is a little misleading. Especially the title. Red Bull has not sued Old Ox. All that Red Bull has done is oppose Old Ox’s application for a registered trademark with the USPTO. I think it’s groundless, but it’s not like Red Bull went searching for Old Ox and sued them for their mark.

    Reply
  • G says:
    February 9, 2015 at 2:06 pm

    As someone who as gone thrpugh tje process one shpuld always trademark their name before they start. If you look at Red Bulls trademark they cover beer.. but there is a time limit to put it into commerce. They also cover other words for bull such as ox. They covered their ass. Its dumb but you should always protect yourself before you start!

    Reply
  • Tammy says:
    February 9, 2015 at 2:10 pm

    Love the response! Especially “Red Bullsh*t”. 🙂

    Reply
  • s.s. says:
    February 9, 2015 at 2:16 pm

    Soooo…. should the Chicago Bulls sue red bull since they stole their “red bull” mascot? Or, is that the next lawsuit red Bull plans to take? I mean, if they are concerned people are going to get confused between beer and energy drinks, those same people may spend hundreds of dollars on a ticket thinking they are getting a tour of a red Bull factory and get stuck watching a basketball game.

    Reply
  • Michael Rubin says:
    February 9, 2015 at 2:25 pm

    Heck-most people can’t tell a cow from a bull (which can be dangerous, especially if you try to milk the wrong one) how will anyone confuse this with RedBull. I’m going to avoid the Red Bull$hit.

    Reply
  • Jack Tomlinson says:
    February 9, 2015 at 2:26 pm

    I’m pretty sure that Old Ox Road was around long before Red Bull. I always thought you named your beer for the location of your brewery near Old Ox. But, I could be wrong.

    Reply
  • M Anderson says:
    February 9, 2015 at 2:31 pm

    “Vote with your wallet”

    I just filed for my $10 cash Red Bull(y) Energy Drink Settlement and promise to:

    a) spend the settlement, plus (at least) $10 of my own money, at Old Ox Brewery once received, and

    b) not buy another Red Bull(y) until this lawsuit is dropped.

    Reply
    • Cooper says:
      February 9, 2015 at 4:49 pm

      There is no lawsuit to drop.

      None. Zero. Red Bull never filed a lawsuit. The clickbait headline is peddling a lie. Look at the ACTUAL DOCUMENTS. Red Bull did not sue or file suit, they filed an opposition to Old Ox’s trademark application. Standard, routine stuff in the trademark world.

      It’s not a lawsuit, and it’s not going to stop Old Ox’s application.

      Reply
      • Jim O'C says:
        February 9, 2015 at 6:52 pm

        Copper,do you work for Red Bull? Your repetitive posts make it seem unlikely you’re just a disinterested party. Unless you’re nuts or something So I’m going to assume you work for Red Bull and note that you found it necessary to insult the “300” people who drink Old Ox beer.

        Reply
  • Brian Schneider says:
    February 9, 2015 at 2:46 pm

    Old Ox should further demand that Red Bull never make beer.

    Reply
  • Andrew McMillan says:
    February 9, 2015 at 3:08 pm

    You guys should make a new beer called “Legal Bull #@$%” in honor of this letter.

    Reply
  • Andrew McMillan says:
    February 9, 2015 at 3:18 pm

    Actually the American beef association might want to get involved… or you might want to reach out to them. After all, they sell a product known generally as “RED Meat” derived specifically from cows. I could see pairing up with them on a fun basis for some serious corporate trolling. After all, beer goes better with steak than a nasty energy drink.

    Reply
  • Steve Crandall says:
    February 9, 2015 at 3:39 pm

    As a fellow brewery owner I support Old Ox. I have never had a Red Bull because I think it sucks but I have had an Old Ox beer and it was quite good. Good always should win over bad.

    Reply
  • Cooper says:
    February 9, 2015 at 3:42 pm

    Nice clickbait.

    Too bad your headline is a lie. Red Bull is not suing this brewing. That’s clear from a simple glance at the very document YOU linked to.

    They’re opposing Old Ox’s trademark application. Totally different thing. That is NOT a lawsuit.

    Not only is it not a lawsuit, it’s a pretty routine part of the trademark process. Perhaps if you educated yourselves in trademark law and how it works before attempting to stoke a fire you’d understand why this story is no story at all.

    Old Ox will get their application approved. Red Bull will have shown the due diligence they are legally OBLIGATED to show as trademark holders. Both will go on their merry way.

    Nothing to see here.

    Good job with the clickbait, though.

    Reply
    • Coopers dumb says:
      February 10, 2015 at 10:16 pm

      Get a life Cooper.

      Reply
  • Tracey says:
    February 9, 2015 at 3:44 pm

    Well said! Way to throw the Red Bullsh*t flag.

    Reply
  • K J says:
    February 9, 2015 at 4:04 pm

    Red Bull are typical large corporation assholes. Period. Their products are largely crap. I wonder what the person/ family that started their company and grew it from scratch would say about what their business has turned into now. Old Ox, keep fighting the good fight! Great letter and response. Don’t let these asshats dump their red bullshit on you and bully you around.

    As a native Washington and nearly life long resident of Northern Virginia, my questions to red bull are these: dear red bull, did you know that perhaps old Ox brewery might actually be named for somethig loval to the area, like say, oh i don’t know, maybe OLD OX ROAD, which is in this exact area? Perhaps you should also sue who that road is named for, and the commonwealth of Virginia for naming a road which some poor unknowing dolt might confuse for your energy drink? Maybe go out and lick the pavement there and you may find that it likely also tastes very similar to red bull. Oh, and also you may want to consider suing the United States to stop using red in its colors, I mean after all you’re claiming that red can only be used by you right? While you’re at it sue every other sports team, country, or any other entity that uses red. Oh and we can’t forget anything that uses Bulls. The Chicago Bulls really come to mind here. I mean clearly one might think that by attending a Bulls game, that they might be purchasing a ticket for 3 hours of immersing themselves in your product. Lastly, maybe you should sue any winged creatures too. I mean how dare they have wings without purchasing your amazing, wing giving product. I’m sore there are many other reasons and things you can think of to sue anyone and anything as well. Wishing you all of the worst possible luck, and gladly never purchasing anything to do with your company,

    Proud Northern Virginia resident and DC native.

    Reply
  • JR says:
    February 9, 2015 at 4:13 pm

    Well I guess i can boycott Red Bull too. Oh, never mind, I don’t drink that sh*t anyway. Go Old Ox…

    Reply
  • John says:
    February 9, 2015 at 4:19 pm

    I started a Facebook page to combat this idiocy. Feel free to support!

    https://www.facebook.com/OldOxBreweryvsCorporateBully

    Reply
  • Robert says:
    February 9, 2015 at 4:42 pm

    Red Bull just lost a customer and Old Ox gained one.

    Reply
  • Mike says:
    February 9, 2015 at 4:46 pm

    grest response. I haven’t tried your beer yet, but I certainly will. As for Red Bull, it is crap and I can’t imagine why anyone would need it, if want it.

    Reply
  • Keith McGerald says:
    February 9, 2015 at 5:00 pm

    Red Bull should lookup Schlitz Red Bull XL malt liquor.

    http://www.beeradvocate.com/beer/profile/106/4619/
    “Beer added by: BeerAdvocate on 06-22-2002”

    Maybe that’ll help out because if they haven’t filed suit with Pabst about a product more clearly colliding with their image, they clearly only care about picking on the little guy. I’m still trying to figure out if they think highly or lowly of the consumer because they think we can’t tell the difference between an ox and a bull but know that they’re both bovine. Not to mention that Bovine is really a Family and Mammal is the Class. http://www.wolframalpha.com/input/?i=ox+bull

    Fight the good fight. I’ve never had one of their drinks but I’ll definitely be coming over to have a pint or two of Old Ox.

    Reply
  • Jade Lauron says:
    February 9, 2015 at 5:02 pm

    I was so pissed off when I heard this (and I’m a big fan of Red Bull) that I made a petition on Change and started at thing against #RedBullBullies.

    https://www.change.org/p/red-bull-drop-the-lawsuit-against-old-ox-brewery

    Reply
  • Chuck says:
    February 9, 2015 at 5:11 pm

    3 words. Monster Energy Drink

    Reply
  • J Feger says:
    February 9, 2015 at 5:27 pm

    Time to start sending messages to Redbull This brewery can only do so much in saying please leave us alone. We as consumers have more power to effect redbull by telling them how we feel and that if they don’t leave our breweries alone we will not be buying their products, telling our friends not to buy them, and telling our bars to stop using them! If we want Redbull to stop it’s strong arm bull$heet the best way to do it is in the wallet!
    Support AMERICAN BREWERIES!

    Reply
  • Candi says:
    February 9, 2015 at 6:03 pm

    There is an old ox resteraunt too. Is red Bull going to go after them also?
    The Chicago Bulls wear red and have a bull as a mascot and have been around a lot longer than red bull. Should the Chicago Bulls take red Bull to court? Is red bull gonna take the Bulls to court because they have a bull mascot, red as thier major color and they have energy?

    Reply
  • Lisa Nelson says:
    February 9, 2015 at 6:15 pm

    Well done Old Ox Brewery! Red Bull doesn’t understand how much they are damaging their brand with actions like this. There is absolutely no similarity between the 2 products – I would NEVER confuse them. Good luck to you, I hope you prevail!

    Reply
  • Mike H says:
    February 9, 2015 at 6:22 pm

    Well hope they like my Red Bull BBQ accessories… gonna boycott them after hearing this..Grew up in Chantilly. Next time I visit Momma. .I plan on filling up all my growlers

    Reply
  • Patrick says:
    February 9, 2015 at 6:32 pm

    Hey Red Bull, I would never confuse a good beer with your crappy product. Get over yourself and drop this strong arm BS.

    And hey, Old Ox, how can I as a west coast lover of craft beer and home-brewer support your brewery. I’d buy a hat and bumper stickers if they’re available. Good luck and God bless.

    Reply
  • Paul says:
    February 9, 2015 at 7:23 pm

    ……and never drinking Red Bull again.

    Reply
  • alan says:
    February 9, 2015 at 7:41 pm

    this is not the first time Red Bull have tried to sue a small Brewery http://www.bbc.co.uk/news/uk-england-norfolk-23705255

    Reply
  • Tim! says:
    February 9, 2015 at 7:44 pm

    I’ve been having some fun today at http://www.redbull.com/us/en/brand-protection alerting them to Chicago Bulls merchandise and a Jersey I saw in a field along the highway.

    Reply
  • John says:
    February 9, 2015 at 9:08 pm

    Red bologna .. How about showing cooperate America a little lesson and make this viral. Boycot R bull and have another cup of coffee. Wake up America the power is in your pocket book/wallet.

    Reply
  • John says:
    February 9, 2015 at 9:10 pm

    If you can, ship some of that Old Ox over to South Jersey, sounds like a Great Beer.

    Red Bull should be banned to all minors anyway, our kids don’t need anymore energy.

    Reply
  • David Johnston says:
    February 9, 2015 at 9:30 pm

    Went you their brand protection site with this “I couldn’t believe it when I saw it. And then I drank it. The similarities were unbelievable. I can’t believe you allow these guys to continue to do business. With such a similar brand name and product, Old Ox Brewing must be taking the lion’s market share of your energy drink category. Oh wait a minute, they make beer. But you guys totally own the rights to any bovine animal when marketing your beverage to consumers. Oh wait a minute, you don’t. It’s one thing to vehemently protect your brand, and a whole other thing to be straight up assholes. Pretty impressive PR move as well. Bravo Red Bull, Bravo”.

    Reply
  • zeke says:
    February 9, 2015 at 11:12 pm

    Red Bull tastes like soapy water …hard to mistake that garbage for a good honest beer ……..

    Reply
  • Matt says:
    February 9, 2015 at 11:22 pm

    Wow. I just googled “cow beer” and I get,
    Sacred Cow (a chai milk stout)
    Brown Cow
    Crafty Cow
    White Bull Lager
    Dirty Cow
    and even…
    Old Red Cow!

    That’s 60 seconds googling off one keyword.
    I didn’t even begin to google products with the word Red in it!

    Reply
  • Tina White says:
    February 10, 2015 at 2:13 am

    No sane individual would ever make an association between these two companies which speaks volumes about the people filing this unjustified lawsuit.

    Reply
  • John F in Indy says:
    February 10, 2015 at 6:29 am

    Old Ox should get together with Laughing Cow cheese, after all the cow is red and the wrappers are foil/silver.

    Reply
  • pedal shop says:
    February 10, 2015 at 7:44 am

    graspin’ at straws Red Bullshit.

    Reply
  • Matt says:
    February 10, 2015 at 8:15 am

    hey Red Bull, there’s a beer company whose been around since the 1840’s who created a Malt Liquor with a bull. Hell they even have one calked Red Bull the company I speak of Schlitz Malt Liquor, here’s a 1970’s commercial…http://youtu.be/1QsdmbPZYjc

    Reply
  • Bob says:
    February 10, 2015 at 9:19 am

    I agree with Chris and his frustration with the ridiculous actions taken by Red Bull. By the same reason, lawsuits would be filed against Longhorn Steakhouse, the Chicago Bulls, the Texans logo and even Chick-Fil-A (for using a bovine mascot, and or for using the color red).
    Someone at Red Bull needs to be fired for this harassment and Red Bull should be held liable for any damages caused to Old Ox by Red Bull.

    I’m affiliated with a large sports organization and as of this week we’re no longer planning to sell the referenced ‘energy’ drink, but we may decide to offer a new beer instead. I believe that I can honestly say that we will not be the only organization to re-think our relationship to Red Bull. There are plenty of competing energy and sports drinks to choose from and as far as we are concerned, Red Bull will not be one of them.

    Reply
  • Jim Whelan says:
    February 10, 2015 at 9:28 am

    I am from Indiana and I am proud to own A PAIR OF OXEN. This does not stop me from buying an occasional Red Bull. There is a BIG difference between an Ox an a bull. The ox is a beast of burden who has been trained for that purpose from birth. The bull needs no training – just put him in the field with a bunch of cows and his work is done for the year!! I hope this action will bring out the differences in the two if nothing to educate the public.

    Reply
  • J.D. says:
    February 10, 2015 at 9:46 am

    Love your comments Chris. This is the first I have heard of your brewery and I am in Ashburn (guess I need to get out more). I don’t know anything about trademark law, so I can’t comment on whether this is bullying or. But it has generated some free publicity, and it has compelled me to come visit your brewery. I’m not a fan of the Rhino so something of a different flavor in my backyard is exciting.

    Reply
  • Bob says:
    February 10, 2015 at 10:17 am

    Red Bull has no legal reason or right to even be attempting this. I think that’s a good reason to not purchase Red Bull products.

    Reply
  • Jack Frost says:
    February 10, 2015 at 11:23 am

    I’m wondering how many objections Red Bull got from the corporate world, big and small, to their trademark application? The skeptic in me doubts many if any that are so obviously frivolous. If I’m incorrect, it may show the sensitive underbelly of our vaunted capitalistic culture and give more reason to “caveat emptor.” Regardless, my money will not be wasted on the product of the bully and seriously wish they become a very classic example of what not to include in your business model when their cash receipts dwindle to zero. Jack

    Reply
  • Mark Biermeier says:
    February 10, 2015 at 11:25 am

    I’m a business owner and advocate of natural healthy living. 1. Red Bull is over priced. The can cost them more than the ingredience. What you pay for a can can be put into real food, which shall deliver twice the energy. Bier on the other hand is real food. As long as it’s good beer made by self employed men and woman it can be named anything such as OxKoke or Red Ox or Bull Balls or Ppsiyorbull

    Reply
  • Mark Biermeier says:
    February 10, 2015 at 11:29 am

    The ingredience in the red Bull can cost less than the can. For what you pay for the way over priced drink you will get twice the energy value from the same cost in real food. IM against fake food and for historical foods. GOT Beer?
    This slam is a rebuttal for your meaningless opposition! Fry up a kangaroo and drink an OX!

    Reply
  • Tim says:
    February 10, 2015 at 11:29 am

    Wait… Are you telling me that all of the Mexican food I’ve eaten in California with a bull in the logo aren’t Red Bullriotos?!?!

    Reply
  • Mark Biermeier says:
    February 10, 2015 at 11:36 am

    One more thing. To CEO of Red Bull. Fire the person who started this. When done your punitive damage is to go to Virginia and visit the family and work with them for 40 hours. Bring a case of your favorite local beer and twenty lbs of lamb chops.

    Reply
  • juan says:
    February 10, 2015 at 1:17 pm

    I used to be an avid red Bull drinker and the only thing I got was kidney stones and high blood pressure… been thinking of not drinking it anymore and this article just made up my mind I’ll take a beer please an old ox will do stand by you old ox brewery a fan from manassas

    Reply
  • Jeff Kiser says:
    February 10, 2015 at 3:17 pm

    Great response. If anything I became a new fan of Old Ox Brewery. Do you guys distribute out west, would love to try your beer. Funny story, I drank Red Bull when the original formula was still illegal in the US but not in Austria and Germany (circa 1993 ). I will always take the side of a cool Brewer over a bully, especially when they’re being real asses. RedBull I have a new high intensity stunt for you, sit and spin bitches.

    Reply
  • Dan says:
    February 10, 2015 at 3:33 pm

    Drinkwater

    Reply
  • Amber says:
    February 10, 2015 at 4:34 pm

    You have my full support! Red Bull can eat it!

    Reply
  • Iconoclast says:
    February 10, 2015 at 4:36 pm

    It is actions like this that give credence to the old saying, “The law is an ass.”

    Reply
  • Sueinashburn says:
    February 10, 2015 at 7:48 pm

    This has been passing through my newsfeed all day. Took the time to finally read as I live in Ashburn and items that we locals find newsworthy are probably ridiculously innocuous & stupid to anyone outside LOCO. This is worth the read just to see the owner’s response to an international company such as Red Bull. Great response, awesome writing.

    Reply
  • Lisa says:
    February 10, 2015 at 8:54 pm

    last time I checked, a castrated bull was called a “steer” hmmmmmm?

    Reply
  • Anthony says:
    February 11, 2015 at 11:55 am

    I like Red Bull, their brand, and the stuff they sponsor. But this is just a plain stupid move on their part. Shame on you Red Bull!

    Reply
  • Rage says:
    February 11, 2015 at 11:58 am

    Maybe The Laughing Cow Company should sue Red Bull since they have been around about 10 years longer. Both are Bovines and both are Red. That is more of a match than Old Ox has.

    Reply
  • Lori Gray says:
    February 11, 2015 at 12:29 pm

    Love your letter Old Ox, have never tried your Beer but will now. Thanks to the crazies at Red Bull !! 🙂

    Reply
  • Mike Gallagher says:
    February 11, 2015 at 3:22 pm

    I stand with you. Keep making your beer.

    Reply
  • Red Dom says:
    February 12, 2015 at 12:47 pm

    Can you start shipping old ox beer to wales please? Ideally to Cardiff. Red Bull is banned in France…..its potentially fatal for minors to drink. Red bull horrible stuff and over priced. Personally I prefer IPA and Porters.

    Reply
  • Scott Kahler says:
    February 14, 2015 at 8:36 pm

    My letter just sent to Red Bull @ http://energydrink.redbull.com/contact-general Everyone should give them a piece of their mind.

    Please relay this message to your President or anyone in your organization who has a decent amount of authority and integrity.

    Recent news in Northern Virginia has raised awareness of your suit against Old Ox Brewery in Ashburn VA and I have to say that I am absolutely disgusted and confused by your apparent vengeance against this small company. I am sure you know, as well as the rest of the country, their name “Old Ox Brewery” is not a violation of your trademark.

    Now, my family consists of generations of beef farmers. While we no longer raise cattle, I would like to inform you that we used to have a male cow. In fact, we used to have quite a few over the years. While I no longer spend time on the farm, I do recall that we called the one male cow a “bull.”

    Now I know this may sound crazy to you, but we actually were doing this well before 1987 when your company began using our term to describe your energy drink. We also had other male cows which people referred to as an “ox.” Again, it’s crazy, but I believe this term was in use well before your company confused it for the term “bull.”

    What’s even crazier, is that I’ve seen roads in Northern Virginia (some VERY close to Old Ox Brewery) which used the same term “ox” which you seem to claim is unique and you have ownership of. (By the way, if you want to also sue the state of Virginia, you are in luck. The US Patent and Trademark Office are also in Virginia.)

    Let’s be serious. Red Bull does not have exclusivity over the work “bull” or “ox”. I am sure you are well aware of the fact that these words pre-dated Red Bull by more than a few years. Your assault on this small brewery is reminiscent of Johnson and Johnsons suit against the American Red Cross for their use of the Red Cross, which the Red Cross let J& J use for their bandages.

    Please stop embarrassing yourself and leave this brewery alone. Nobody is going to buy a bottle of beer from Old Ox Brewery and be surprised when they find out it’s not a Red Bull energy drink.

    Reply
  • Chip says:
    February 16, 2015 at 11:15 am

    Trademark lawsuits against breweries are getting out of hand – lawyers see a hot industry and think they can make a buck. For the last year, I’ve been making a documentary about a small start-up brewery that was devastated by a frivolous trademark lawsuit. Check out the trailer: http://www.BloodSweatBeerMovie.com (film comes out later this year)

    Reply
  • lee says:
    February 18, 2015 at 12:14 am

    I will never buy another Red Bull or drink one even if they offer to pay me again.

    Beers to you all.

    Reply
  • Brenda Franc says:
    February 18, 2015 at 10:48 pm

    Hate Red Bull!!!!! Love BEER!!!!!!!!!!

    BEST OF LUCK CHRIS!!!

    Reply
  • Travis says:
    May 9, 2016 at 11:47 pm

    In response to your statement in the letter: “Is this really what you’re about? Are you a bully? Your extensive marketing campaigns (your glitzy advertising, your sponsored sports events, your death defying stunt shows, etc.) certainly don’t project that image.”

    Yes, that is what they are about. They should change their name to Red Bully speaking from experience. Red Bull is anti-American and bullies their athletes into selling their souls. Don’t believe their glitzy marketing strategy.

    Reply

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