What ever brand name is chosen, however, trade mark pro- tection is crucial. If someone else has a legitimate earlier trade mark registration it could be the end for any business right there. Stealth Vodka is trade mark protected in Canada, the US and the Benelux countries in the EU, before a single bottle was produced.
In the US, I faced a formidable trade mark challenge from an infamous vexatious challenger, Leo Stoller.
In a nutshell, Leo had a specific trademark for a specific product that he used to frivolously challenge all trade marks with the word “Stealth”, everywhere. “We opted to get formal training in the best possible place in North America and that is Moonshine University in Louisville.” That is how I met Lance Johnson, a well-known and highly regarded trade mark lawyer in Washington, DC. Lance was impressed with my public defence filings with the TTB and reached out to me. That led to an introduction to his group of some 50 trade mark lawyers across the US. Many of us in this circle pooled together to fight Leo. After several years of brutal contests with Leo, the TTB in an astounding landmark move seized all of Leo’s trade mark registrations and awarded them to the plaintiffs, that is Lance’s group, our group. They fined Leo and pressed for jail time in the interest of the public good in the United States. It was a profound win that our group used to voluntarily de-regis- ter all of Leo’;s trade marks so that all other existing regis- trations, including mine, have precedent and none of Leo’s could ever be used maliciously again, which is something I am very proud of having achieved collaboratively with other like-minded leaders in their field. John I’m curious: Who is the “we” in Stealth Distillery? JP: That would be Randy Poulin as well as other family members and friends that often help out. Randy is the Head Master Distiller here. I met Randy at a reception after my son proposed to my now daughter-in- law. Randy was my daughter’s date – so it was Nicole that brought him into our lives. It was purely chance. He was a mechanical engineer, just in university at the time, and we had no idea we’d ever be working together two years later. I was in the field already, the opportunity presented itself, and Randy was ready for a new challenge. The equipment really appealed to the mechanical engineer in him – he graduated from UBC. Randy also previously worked for some well-known craft breweries in BC, so his technical acumen is honed by a production environment. I’ve learned a few things through my research about the equipment you have at the distillery, John. Care to tell
the readers about what you’re operating with at Stealth Distillery? JP: There are only three people who know how to make distilling equipment in the world. Two are in Germany, one is in the US. You can find all sorts of used equipment on eBay from India or China but that equipment doesn’t have a proven track record. To get a really useful piece of equip- ment, you need someone who has been doing this for a very long time to share their expertise with you. Because there are only three manufacturers in that category who are world class, your choice is made a little easier. Our supplier is Vendome and they’re a fourth generation, privately-owned company in Louisville, Kentucky, which is the centre of the world for spirits. They take clients who are referred by an existing client. Then you put your money down and you wait for two years for your equipment to arrive at your front doorstep. The equipment is a minimum of a half of a million dollars – and up to one million dollars – for a craft distillery operation. It doesn’t come pre-assembled and every piece of equipment is unique and every piece of equipment has capacity. You have to balance all these factors out and it starts with what you’re making, how much you’re making, and then you have to design your equip-
64
SPOTLIGHT ON BUSINESS MAGAZINE • NOVEMBER 2017
Made with FlippingBook Learn more on our blog