Brooks: The Audacity of Ope? Wisconsin breweries battle over Tim Walz-inspired beer

Two Wisconsin breweries are locked in a battle over ope-branded brewskis with Gov. Tim Walz’s face on the can.

There’s a lot to unpack in that sentence, but I cannot emphasize enough that someone has trademarked ope-branded beer and it is not someone in Minnesota.

In fair Wisconsin, where we set our tale, Minocqua Brewing Co. launched its latest progressive-themed beverage a few weeks ago — a can branded with the smiling face of Democratic vice presidential nominee Walz, under the words “OPE.” The beer is described as having “big dad energy,” and fits with Minocqua’s left-leaning offerings.

But Wisconsin already has an Ope brewing company — the Ope Brewing Co. of West Allis. And Ope holds the Wisconsin trademark on ope-based beverages (their ope-ful request for a federal trademark is pending.)

“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.” So began the version of events Minocqua posted on Facebook Wednesday. “We giggled a bit, thinking, ‘How is it possible to trademark a word that most Midwesterners use as a way of saying “excuse me”?’”

As the dispute escalated into waspish social media exchanges between fans of the two brewing companies, Ope explained that it does hold the trademark and it doesn’t run around naming its beers after Minocqua labels.

A lawsuit was filed. A judge scooched on by with a temporary restraining order on those cans of Walz-inspired beer. And then the dispute appears to have escalated to Audacity of Ope level.

“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,” Ope Brewing posted Thursday.

Minocqua, meanwhile, has rebranded and is now printing the governor of Minnesota’s face on cans of Big Dad Energy-label beer, which does not rhyme but is probably a catchier name anyway. Minocqua owner Kirk Bangstad, no stranger to legal drama, has not yet responded to an interview request.

“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,” Ope wrote at the end of its Thursday post. The company declined a request for an interview.

“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.”

Let the record show that the Minnesota secretary of state’s office shows many, many ope-branded businesses in Minnesota, but still somehow not as many as you might expect. These include but are not limited to: Ope BBQ, Ope Industries, Ope Dope, Ope is Dope, Opelandia and Ope It’s Cold. Further investigation reveals an Ope It’s Soap over the border in Chippewa Falls. This great nation is open for business.

So, may both small brewing companies prosper, long may their beer flow, and may someone report back soon about what Ope beer and Walz-branded beer taste like.