UPDATED 7/15/20 This post was originally written in November 2018 at a time when Omnipolo and Buxton Brewery lost their fight to use the “Yellow Belly” name on their beer after a European trademark dispute. Since we own the Yellow Belly trademark in the USA, our brand was caught up in this dispute. The original post on 11/28/18 was a response to the issue at that time.
However, since November 2018, our perspective on this issue has changed significantly, especially considering the events of 2020 here in Minnesota after the tragic murder of George Floyd in Minneapolis. Not only was his murder a despicable abuse of power by Derek Chauvin, and three other officers of the Minneapolis police, but I watched live on CNN as my childhood neighborhood in Minneapolis went up in flames and was destroyed during the riots of 2020.
It soon became clear that the devastation in Minneapolis was not at the hands of the Black Lives Matters protestors, who were justifiably angered by (and I completely support) the systemic racism they have experienced for decades… but rather, the destruction was instigated by white supremacists who exploited the anger of the peaceful demonstrators and lit my city on fire.
Exploitation of any kind is wrong and unacceptable. Which brings me back to the issue of the Yellow Belly brand of beer by Omnipolo in Sweden and Buxton Brewery in the UK.
While we understand that the whole purpose of the alleged use of the KKK packaging and the name Yellow Belly by Omnipolo and Buxton Brewery was intended to be a way to bring attention to the cowardice of racism and the need for racial justice. However, the use of such an offensive symbol such as the KKK for the purpose to sell beer is, quite frankly, exploitation. Perhaps this is a strategy that is effective in Europe, but here in the USA, the KKK is extremely offensive and is an organization that should never be given any attention in any way. Ever.
When we were inadvertently thrust into the middle of this trademark dispute, we were willing to accept and tolerate the narrative provided by Omnipolo and Buxton brewery about their alleged message with Yellow Belly beer was to challenge racial inequality. But the recent events here in my beloved hometown of Minneapolis and considering the history of this abhorrent KKK organization, we now believe that this is an abusive use of a tragic history here in the USA, only for the purpose of selling beer. Perhaps in Europe, the KKK can be used as a marketing ploy, but here in America, the KKK is an active, white supremacist organization that under no circumstances, should be given any clout or attention whatsoever.
Therefore, Sapsucker Farms DOES NOT approve of Ominipolo and Buxton Brewery’s use of our Yellow Belly brand here in the USA. We believe that exploiting imagery of the KKK for the purpose of selling more beer is inappropriate, exploitative, and abusive, even if the alleged message brand message is to call out the cowardice of racism.
Sadly, racism is real. It’s tragic. It’s wrong. And it should never be taken lightly, and should never be exploited as a means to sell beer. Furthermore, my question to Omnipolo and Buxton Brewery is this – have you actually made a difference with racial justice in any country – be it in Europe, Asia, or any of the 50 countries where you claim to be distributed – by selling your beer? Or have you only profited at the expense of African Americans who have suffered at the hands of the KKK?
ORIGINAL POST on November 29, 2018
It’s been a flurry of activity the past 24 hours since Omnipolo, a brewery in Sweden, announced that they received a Cease & Desist for the use of the name Yellow Belly on their famous Imperial stout. Yellow Belly Imperial stout is a collaboration with Omnipolo and Buxton Brewery in the UK and has gained a significant fan base over the past five years. Their attention-getting packaging – cloaked in a KKK robe – also delivers a unique, anti-racism message. Hats off to Ominpolo and Buxton for both their innovative thinking, as well as a making a really good beer.
The problem, however, is that here in the USA, we own the trademark for “Yellow Belly” so fans of their Yellow Belly, jumped to the conclusion that we were the ones filing the C&D. So we started getting some pretty nasty messages from frustrated fans. Nope. It wasn’t us. We eventually learned that it is a brewery in the UK who is behind it, and we really don’t know any more details than that.
We have been very aware of the other Yellow Belly for a long time. In fact, here in Minnesota, we work wth the same distributor too. And even though we own the US trademark for the name, the two Yellow Belly brands (ours and theirs) are so different, that we felt we could easily co-exist. We also liked what they are doing, so we have not felt the need to pursue any legal action. However, that does not mean that we aren’t concerned about protecting our trademark. We are protective of our trademark and we do keep an eye on what is happening here in the USA and evaluate each situation as it arises.
So why are we not concerned in this situation? As you can see, their definition of Yellow Belly is that of a coward who acts anonymously which is a signifying trait of institutionalized racism, thus the KKK robe. Our definition of Yellow Belly is a woodpecker, a Yellow-Bellied Sapsucker, which exemplifies the products on our farm. There is no confusion between these two brands.
Since this story broke, we have been in contact with Ominpolo and we really appreciate their help in straightening out the confusion regarding the parties involved.
On another note, don’t be too quick to demonize the brewery who did issue the C&D. After all, they do own the European trademark, and none of us know any of the details involved in the case so we need to be fair to them as well. Likewise, Omnipollo and Buxton Brewery should have been more cautious about potential trademark infringement.
Meanwhile… for those of you who have never heard of our Yellow Belly, now that you are on our website, take a few minutes to browse through our products, and if you get a chance to try our cider, we know you will be very pleased. Also, it is the holiday season, and our Minnesota maple syrup, honey, wild rice, and Minnesota gift pack make delightful gifts for your loved ones, and you can buy it right here on our online store.
Wishing everyone a blessed holiday season.
