KALAMAZOO, MI — In response to a trademark infringement lawsuit filed by Buck Baits LLC over the use of the name “Deer Camp,” Bell’s Brewery Inc. and its subsidiary, Upper Hand Brewery, have denied any wrongdoing and simultaneously filed a counterclaim of their own.

Sterling Heights-based Buck Baits, makers of Deer Camp Coffee, filed a lawsuit against Bell’s Jan. 20 in U.S. District Court. The filing came a little more than one year after Upper Hand Brewery, a division of Bell’s, began using Deer Camp as the name of one of its beers.

Buck Baits states that, on two occasions, it sent Bell’s cease and desist letters but the craft beer giant refused to concede, so it had no decision but to move forward with the suit. Buck Baits’ lawsuit also attests that Upper Hand’s logo is very close to the one it has used for its coffee since 2015.

Both Deer Camp products, the Buck Baits coffee and the Upper Hand beer, use all capital letters as well as a similar color scheme in their respective logos, something Buck Baits alleges confuses its customer base.

Bell’s filed a response and counter complaint March 20 in U.S. District Court Western District of Michigan, in which the brewery denies there are identical or similar elements in the logos or that the companies are attempting to reach the same target audience, something Buck Baits asserts in its complaint.

In the response, Bell’s said not only does it have every right to use the name, but argues Buck Baits’ lawsuit is founded on nothing more than the company’s failed effort to force Bell’s into a licensing agreement that they “undoubtedly hoped would generate substantial revenue for them.”

Buck Baits, which had the Deer Camp name registered with the United States Patent and Trademark Office in 2016 for a wide range of coffee-related products, has said it had plans to begin making a coffee-infused beer. In the company’s January lawsuit, Buck Baits stated it acquired the domain, www.deercampbeer.com, when it first started producing coffee and applied for the trademark in 2015.

Bell’s, in its counter-complaint, states the brewery was threatened by Buck Baits to enter into a licensing agreement in November 2019 and that it refused. According to the March 20 court filing from Bell’s, Buck Baits co-owner Anthony Majewski sent a letter to Bell’s on Nov. 23.

“In the event you do not wish to engage (sic) into a licensing agreement, I will hereby demand that you immediately cease and desist in any additional use of my trademark," Majewski wrote in the letter, according to the court filing.

Four days later, both parties agree, a telephone conversation occurred between Majewski and Bell’s owner Larry Bell in which Bell said he would not stop using Upper Hand’s Deer Camp logo or stop making Deer Camp beer.

Bell’s further asserted that, on Dec. 2, the next business day following the conversation, Majewski filed a trademark application to “register Deer Camp for use in connection with ‘beer, ale, lager, stout and porter; malt liquor’ as well as ‘... insulating sleeve holder for beverage cups; insulating sleeve holder for bottles; Insulating sleeve holder for beverage cans; Tumblers for use as drinking glasses; Beverage glassware; Drinking glasses, namely, tumblers.’"

All of the accessories can be seen and purchased at this time on the Buck Baits website.

Bell’s claims that not only did Buck Baits have no actual plans to make beer, but that the plaintiffs do not own a trademark registration for the words “Deer Camp” in connection with beer. Furthermore, Bell’s states, Buck Baits’ move to begin to produce alcohol-related products and begin beer production violates Bell’s own trademark rights.

“Upon information and belief, Majewski did not file this application because he had a bona fide intent to use his alleged ‘Deer Camp’ trademark in connection with beer and other alcoholic beverages and related glassware, but to enhance the trademark infringement claims he was then planning to assert against Bell’s Brewery,” Bell’s counter complaint states.

“By selling, offering for sale, advertising and/or promoting goods through plaintiffs’ beer website (www.deercampbeer.com) and plaintiffs’ coffee website using the BELL’S mark, plaintiffs are engaged in willful trademark infringement in violation,” Bell’s states.

Buck Baits asserted in its lawsuit in January that Bell’s had applied twice for a registered trademark for the name “Deer Camp,” in 2017 and 2018. And both times, the company was denied “because it causes a likelihood of confusion with plaintiffs’ registered Deer Camp trademark," according to the complaint.

Despite being notified by the patent office that its proposed use of the Deer Camp trademark infringed upon trademark rights, Bell’s nonetheless moved forward and began selling beer and related merchandise under the Deer Camp name through its Upper Hand Brewery division, Buck Bait’s complaint states.

Buck Baits contends in its complaint that its target consumer base is the same as Upper Hand’s, which can lead to confusion with consumers. This includes hunting, archery, outdoor and fishing enthusiasts, as well as trail and mountain hikers, camping and RV enthusiasts and “especially consumers in those groups from the Upper Peninsula of Michigan," the complaint states.

Bell’s, in its response, argues that Buck Baits has not gained strong commercial recognition with its brand among the “Buck Baits target customer” or any other group of consumers. It points out further that Bell’s is one of the most well-known craft brewers not only in the nation, but in the world, and that Buck Baits has nothing to lose, but only to gain by any confusion if there was any.

The craft beer giant further denied allegations from Buck Baits that “coffee-infused beer, coffee flavored beer, and other types of beer are products related to coffee,” or that “Buck Baits has taken bona fide steps to expand its product line into any type of beer.”

In its complaint, Buck Baits listed a half-dozen brewers that sell both craft coffee and craft beer in its lawsuit, including Marshall’s Dark Horse Brewing, which also owns and operates Dark Street Roasting Company and Coffee House. The company also listed Cultivate Coffee and Taphouse in Ypsilanti, which happens to host events sponsored by Bell’s Brewery, it claims.

Bell’s, in its response, denied that "there is a widespread practice”of beer and coffee being sold by the same suppliers and/or under the same brand, or that there are common market channels for craft beer and coffee or any “crossover in market and customer for craft beer and coffee”

Bell’s go so far to deny “that there is a prevalence of coffee-infused and coffee-related beer and that such beer is important to the craft beer industry." The defendant does admit; however, to partnering with regional coffee makers to create coffee-infused beers including Bell’s Java Stout and Milchkaffee and Upper Hand’s Fluffalo.

“We have made several efforts to find a friendly resolution to this matter, but Bell’s has shown no interest in working together to resolve this matter,” Buck Baits owner Julie Majewski said in a statement emailed to MLive in January. “Thus, as a small business, we were left with no choice but to engage legal counsel and file this lawsuit to protect our business, brand, and trademark rights.”

Also on MLive:

Bell’s Brewery Inc. sued over alleged ‘Deer Camp’ trademark infringement

Bell’s Brewery loses trademark dispute with North Carolina brewery

Bell’s Brewery cancels Oberon Day gathering as coronavirus hits Michigan

Revelers let their alter egos shine during Eccentric Day at Bell’s Brewery