The questions independent drinks founders ask most — answered. Distilled from years of community knowledge so the good stuff never disappears in the feed again.
Members' consensus is to avoid lengthy legal battles with large corporations, but use smart leverage tactics instead. Here's what the community recommends: **Assessment first:** Confirm you have a strong trademark position (registered, prior trading history). Get a quick legal opinion but don't assume you'll win a protracted fight—large companies have armies of lawyers and can outlast smaller brands through attrition. **Preferred tactics:** - **Retailer leverage:** Once the infringing product is listed with a significant customer (e.g. Waitrose), contact the retailer directly explaining the trademark dispute. Retailers will pressure the producer to avoid recall/legal risk and will often secure a written concession that it's a limited run only. - **Royalty settlement:** Request 10% royalties on sales as compensation for trademark use, with the condition they cease production under that name moving forward. This converts infringement into a negotiated benefit. - **PR-first approach:** Have your legal team send an initial letter outlining potential settlement (e.g. cease production, donate proceeds to a climate/social cause). Use your PR team to publicise the moral high ground—this embarrasses the infringer's marketing department internally and generates positive coverage. Members noted this works especially well when the community amplifies it. **Caveats:** - Don't waste energy and resources on protracted litigation unless the infringing product directly cannibalises your sales. Limited editions may actually boost brand familiarity. - Beware of Goliath-sized opponents (e.g. Asahi, Puma): even strong cases can be ground out over months, delaying your own launches and draining resources. - The initial cease-and-desist letter is a sound-out; settlement is usually faster than court.