Instagram reel connoisseurs, podcasters and beer brewers Jack Steele and Matt Ford — aka The Inspired Unemployed — are in court, as another company claims the boys’ brew makes “false, misleading or deceptive representations”.
Per News.com.au, the lads worked with Torquay Beverage Company and Mighty Craft to launch the Better Beer Company in October 2021. 40 per cent of the company is owned by Steele and Ford.
The company launched just one release of the same name, a zero-carb, zero-sugar lager with only 85 calories. A skinny legend.
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But Brick Lane Brewing — whose stakeholders include Billy Slater, Dan Carter, Eddie McGuire and Mick Molloy — has claimed Better Beer’s cans and packaging could be confused for their own brew, Sidewinder Hazy Pale, leading consumers to believe the two products were related in some way.
The company commenced legal proceedings in December 2021 and is seeking corrective advertising and damages. The three-day trial started on Wednesday in the Federal Court.
Brick Lane Brewing’s barrister Justine Beaumont told the court Sidewinder’s cans and packaging were “distinctive” in design.
“Sidewinder Hazy Pale has the distinctive curve stripes, the blue, organ and yellow, and the off-white background,” she said.
“A large amount of the background is left void in the off-white colour and the can is 355ml. We don’t say it’s unique but it’s not the common size of a beer can.
“Then the dark colouring for the product name, font on the can and carton, which is black.”
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The court heard Sidewinder’s can and its design were promoted on the brand’s Instagram profile, which launched in July 2021, as well as via more than 300 bus adverts.
“The emphasis on the stripes of the can in the tiles and the colour scheme,” Beaumont explained.
She said the brand began promoting its product before Better Beer launched — the bus adverts had been launched by July 2021 — and had generated sales, thus customers had “recognised the get-up” as being synonymous with Sidewinder.
Ed Heerey QC, representing the Better Beer Company, told the court an ASX statement was released on July 26, 2021, which reported his client’s product would launch in October that same year.
He said five articles were published by several news outlets and The Inspired Unemployed via social media on the same day as the ASX statement.
The court heard there was “no chance” consumers could be confused between the two brands.
“If there’s anything you’re going to remember it’s the name. If you’re ever going to go back looking for it, you’ll need the name,” Heerey said.
“There’s plenty of products with white backgrounds. Consumers have to look a bit harder than just colour schemes.
“The brand names clearly tell you which one is which. We would say there is no chance you could be misled.”
