Stillwater ax throwing club sued for use of Hammer-Schlagen bar set – Twin Cities

Officials at WRB Inc., a Stillwater company that owns the trademark for Hammer-Schlagen, a game in which several contestants try to hammer a nail into a stump, have sued a Stillwater ax throwing club.

The lawsuit alleges that the Lumberjack Co., located in downtown Stillwater, engaged in “illegal, unfair or fraudulent business acts of unfair competition” in violation of state law through its unauthorized use of WRB’s brand and trade dress.

WRB’s trademarks include slogans such as “Let’s Play Hammer Schlagen”, “Got Wood”, “Get Hammered”, “Get Nailed”, “Get Bent” and “Whack It” and “have become immensely popular throughout the United States, especially in beer festivals, bars and Octoberfest festivals, ”the lawsuit said.

The Lumberjack Co., which opened in November 2019, is owned by Sara Jesperson.

According to the lawsuit, the lumberjack entered into a one-year licensing agreement with WRB in February 2020 to have Hammer-Schlagen in its facilities. In December 2020, WRB sent a license renewal offer to The Lumberjack, as the current license was due to expire on February 2, 2021, but Lumberjack Co. rejected the offer and did not renew the license, according to the lawsuit.

In June, Jim Martin, CEO of WRB, was at the Food Truck Extravaganza at the Washington County Fairgrounds in Baytown Township.

There was also the Lumberjack Co., which had implemented four Hammer-Schlagen games, identical to WRB’s registered trade dress, the lawsuit says.

“Customers playing Hammer-Schlagen have identified the game by name,” says the lawsuit. “The employees of the Lumberjack Company asked Martin to play Hammer Schlagen by name. He offered the service for $ 2 per game per person.

The Lumberjack Co. website includes a virtual tour, in which two Hammer-Schlagen strains are visible, according to the lawsuit.

Jesperson did not immediately respond to a phone call asking for comment.

Hammer Schlagen was invented by Carl Schoene, who immigrated to St. Paul from Germany in 1957; Schoene’s parents, Karl and Elizabeth, founded the Gasthaus Bavarian Hunter Restaurant in Grant in 1966. Schoene’s stepfather, Mike Wlaschin, standardized the game and his equipment in the 1980s and gave it the brand name “Hammer-Schlagen,” Martin mentioned. Wlaschin founded WRB in 1999 and acquired federal trademark registration for its logo the following year.

Last year, WRB filed a lawsuit in the United States District Court alleging that the Schram Haus brewery in Chaska has been infringing its Hammer-Schlagen strain since 2019. Both sides settled the case in March; the brewery is no longer allowed to use the game.

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