West Allis' Ope! Brewing is at loggerheads with Minocqua Brewing Company over the name of the latter's Tim Walz-inspired 'Ope' lager. Here are the statements each released today.

First, here is the message that MBC sent out in an email and posted to social media from owner Kirk Bangstad. Afterward, you'll see the message Ope! posted to social media.

"After we released 'OPE: A Lager with Big Dad Energy' a few weeks ago, we got a call from an attorney who represented OPE! Brewing  in West Allis Wisconsin.

"They said we stole their trademark.

"We giggled a bit, thinking 'how is it possible to trademark a word that most Midwesterner's use as a way of saying 'excuse me'?

"After giggling, we thought about it a little more academically and told the lawyer that our cans had the Minocqua Brewing Company name above the beer name 'Ope,' which was clearly different than us actually stealing their company's name. We also said that the word 'Ope,' with the stylized picture of Tim Walz on it, was unique enough to differentiate our beer from their company.

"They said they were going to sue us anyway.

"We told them we were tired of getting sued, and offered to collaborate, because the craft beer industry in Wisconsin and most other places is the US is really kind and gentle. Breweries often collaborate to make beer and help each other out. We suggested that they could make the beer, we'd put our label on it and offer it as a collaboration between us, and then sell it to our customer base, which would allow them to make money off of our our idea and increase their footprint throughout Wisconsin.

"They said they wanted 50% of the profits, but didn't want to do any of the work to make the beer.

"We laughed, thinking they couldn't be serious, but since we really didn't want to get into another legal quagmire, we gave them a counter-offer. We offered them 5% of the profits to get them off of our backs, and told them they wouldn't have to lift a finger to help. We just wanted to get this cool Tim Walz beer on the shelves during election season and inject a little more positive energy into the Presidential race, where in this swing state, every little bit of energy matters.

"They sued us anyway.

"So while we're in legal limbo with our old label, we decided to create a temporary new one to avoid any problems.

"Introducing 'Big Dad Energy: A Vice Presidential Lager.

"This new beer honoring Tim Walz will get canned next week, and you should see it on store shelves within two weeks."

Here is the statement that Ope! posted today...

"As you all might have seen, Minocqua Brewing Company posted a narrative this morning about an 'Ope' beer trademark issue. As Minocqua Brewing’s narrative has suggested some misinformation regarding the history of the whole situation, we here at Ope want to take a few moments to set the record straight.

"First and foremost, we never wanted to become embroiled in any legal battle over the name of our beer or brewery, and certainly not with another independent brewer. Our primary objective in our business is to brew tasty beer, provide a welcoming and inclusive environment for all, and to have some fun while doing it.

"As some of you may or may not know, under both state and federal law, companies are entitled to trademark distinctive names to distinguish their brand from another brand. You see trademarks everywhere you go – from the food you eat, to the beer you drink, and the devices you use. The state and federal laws give companies exclusive right to use trademarked names in an effort to avoid consumer confusion. For example, when you buy a beer with a registered trademark (e.g. 'Pabst'), you know what you are getting.

"If Ope started brewing a beer named 'Pabst,' we are sure there would be a lot of questions and confusion (and possibly even a lawsuit by the makers of 'Pabst' against us). Under the law, companies must also enforce their trademarks or else they risk losing their trademark. A highly distinctive name could become generic if its owner does not enforce it properly. Just ask the Otis Elevator Company after their trademark for 'Escalator' was canceled when it became too generic.

"On to our issue with Minocqua – we own the trademark in the State of Wisconsin for Ope as related to beverages and beer, liquor and wine (including hard seltzers), and food service. We also have a pending federal trademark for Ope. Just over one month ago, very soon after Tim Walz was announced as the VP-elect, Minocqua Brewing announced they would relabel their lager as 'Ope.'  We called Minocqua Brewing the same day of their announcement to notify them of our existing trademark. Initially, they said they were unaware that we existed. We told them that we would love to resolve this matter in a friendly manner and asked if they would please just not use our trademark for their beer – as it had only just been announced as a presale, there was time for them to rebrand. Instead of simply respecting our right to use the name 'Ope,' they forged ahead and quickly. Over the course of the next week, we asked them multiple times by phone and in writing to change course.

"We did not rush to the Courthouse without warning; it was only after Minocqua Brewing refused to respect our trademark after multiple requests, that we filed our lawsuit. Our attorney also filed for a Temporary Restraining Order to stop Minocqua Brewing from using our trademark. The judge found in our favor rather swiftly and granted us the Temporary Restraining Order. When Minocqua Brewing refused to comply with the Temporary Restraining Order, we had to file a Motion for Contempt, which is pending. Despite the fact that it never used the term 'Ope' prior to August 9, Minocqua Brewing has even taken the tactic of filing a motion to extend the time to oppose our federal trademark – a truly underhanded move that appears to be retaliatory for the lawsuit and the Temporary Restraining Order.

"Given this morning’s post and e-mail blast, it is apparent that Minocqua Brewing has not been happy with how things have proceeded. We have seen a lot of comments and even received calls and e-mails to the brewery from angry customers who are threatening to boycott Ope because of this issue. First, we need to ask everyone to please not believe everything you read on the Internet. Minocqua Brewing’s post and e-mail blast mischaracterizes the history of this issue in a way that is designed to bring unnecessary ridicule down on Ope. Before anyone resorts to making any more assumptions or other subjective interpretations based on social media posts, if you are truly curious about the facts of the case, it is available at the Milwaukee County Courthouse: Milwaukee County Case No. 24-CV-6621.

"Next, we here at Ope believe that when we are wrong, we apologize; we don’t sling mud. We also generally wish to take the moral high ground. Contrary to what Minocqua has said, this has nothing to do with 'petty greediness.' Instead, and in reality, we are a small Wisconsin-based business and have worked very hard to create Ope beer and our taproom. If we don’t enforce our rights in the name of our beer and taproom, then we lose those rights. That is the same as losing our livelihoods and everything we worked for over the years. Any other small business owners out there will hopefully know what we mean. As Minocqua is also a small business, we had hoped they would appreciate and respect that. If we started calling our beers 'Tammy Shandy' or 'Biden Beer' or putting Minocqua Brewing’s logo on our T-shirts, then we have a feeling that Minocqua would be feeling very much the same as we do now. We absolutely hope that our customers and followers will understand.  

"Ultimately, this all comes down to respect and keeping our small business alive, including protecting the rights in and to the name 'Ope' in relation to our products and services. We have no problem if you want to buy 'Big Dad Energy' from Minocqua Brewing. We also ask that you do not post comments attacking or even defending either brewery.  All we ask is that everyone be kind, respectful, and excellent to each other. Cheers"