Legal & Courts  April 27, 2016

Vodka giant Absolut forces new Fort Collins brewery to change name

FORT COLLINS — Will Herdrick had planned to open his Absolute Threshold Brewery this summer in the Drake Crossing shopping center at Drake and Taft Hill roads. He’ll still open this summer, but his taproom will be called Intersect Brewery instead.

Herdrick had stumbled on the scientific term “absolute threshold” while reading an encyclopedia and liked it for his business — but the folks in Sweden who make Absolut vodka saw it as trademark infringement and let Herdrick know — repeatedly.

“I don’t understand it,” he said. “Our band name is three words, not one. We’re spelled the English way — the correct name, not the Swedish name. But their most recent response was, basically, we’ll give you 60 days to withdraw your trademark. It’s a good lesson in the different values and missions of large corporations versus family owned businesses — how they spend their time and money.”

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Herdrick noted that London-based Absolute Radio had waged the same battle with Absolut back in 2008. “The radio company had some deep pockets, so they fought and they won,” he said.

But Herdrick decided it was better to switch than fight.

“We got notified roughly three or four weeks ago,” he said. “We spoke to our attorney and tried to make an educated decision on what to do. We don’t have the time or money to fight with a billion-dollar company. We’ve got this space to build out, and we’ve got to get our merchandise and signage ready. We made a decision to not fight it and not spend any money. We’re more interested in being a great brewery for a great town. Onward and upward.”

He knew that a decision to rebrand would have to come quickly, so he’ll relaunch this week as  Intersect Brewery.

“The idea is a brewery where beer, music, community and craft intersect,” Herdrick said. “It doesn’t change anything about our mission or our craft.”

The building permit was issued a week ago, Herdrick said, “and they’ve started doing some pretty significant trench demolition, new sewer lines, water lines, and cutting holes to breathe some air and light into our space.”

Herdrick said he’s “still shooting for the first week or two of August to open, barring any delays or hiccups. We’ll start brewing on our equipment in July. If we don’t feel it’s up to par, that might delay our opening.”

The microbrewery will open on the western end of the same building that houses a Safeway grocery store. Herdrick plans a 2,200-square-foot taproom and 4,500-square-foot patio for what he described as a family-friendly, dog-friendly space.

“It’ll be a neighborhood brewery and community gathering spot,” he said, adding that live music may be featured on the patio in summer.

Fort Collins-based RB&B Architects is overseeing the tenant finish on the business at 2160 W. Drake Road. The building is owned by Dominick’s Finer Foods Inc. of Walnut Creek, Calif.

Dallas Heltzell
With BizWest since 2012 and in Colorado since 1979, Dallas worked at the Longmont Times-Call, Colorado Springs Gazette, Denver Post and Public News Service. A Missouri native and Mizzou School of Journalism grad, Dallas started as a sports writer and outdoor columnist at the St. Charles (Mo.) Banner-News, then went to the St. Louis Post-Dispatch before fleeing the heat and humidity for the Rockies. He especially loves covering our mountain communities.
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