Legal complaint over design of Aussie influencers' beer can dismissed by Federal Court

A beer brand partly owned by comedy influencers The Inspired Unemployed has had a Federal Court dispute brought by a rival craft brewery over the design of a can dismissed.

Brick Lane Brewing launched court proceedings against the Torquay Beverage Company, which is partially owned by influencers Jack Steele and Matt Ford, and others in 2021 over its carb-free Better Beer brand.

Brick Lane claimed the design of the Better Beer can was too similar to that of its own Sidewinder hazy pale ale, and alleged it constituted misleading and deceptive conduct.

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However, Federal Court Justice Angus Stewart dismissed the case on Wednesday and ordered Brick Lane Brewing to pay the court costs of the respondents.

The judgement means Better Beer will be able to keep its 1970s-inspired can design.

"On account of having found that the respondents' relevant conduct was not misleading or deceptive, and did not falsely represent any relevant association between the parties' respective products, the proceeding falls to be dismissed," Stewart said in his decision.

He said the distinctive names used for the different products as well as the differences between the "get-ups" and features meant consumers wouldn't confuse the products.

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"I am not satisfied that the hypothetical reasonable consumer of beer would at the relevant date have had any particular familiarity with Brick Lane's Sidewinder get-up, but even if they did, they would not have been likely to be misled by the similarity of the respondents' Better Beer get-up to the Sidewinder get-up into thinking that the products were in some way associated."

Better Beer was launched in 2021 after Torquay teamed up with Steele and Ford. In an ASX statement released at the time, it was announced the influencer duo had a 40 per cent stake in the brand, while Torquay Beverage Company owned the remaining 60 per cent.

Brick Lane Brewing has 14 days to appeal the judgement ordering them to pay all court costs.

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