The owners of a Dayton-based “beer bike” said they had to dump their original name after getting a cease and desist letter from another beer bike company.
As far as cease and desist letters go, Chad Banter said he is told the one he and his partner and girlfriend Lindsay Kleinhenz received from an attorney for Minneapolis-based PedalPub was pretty nice.
The couple expects to announce a name for their company, formerly known as Dayton Pedaling Pub, today or Friday.
“The letter says (our name) may be confusing to consumers,” Banter said.
Minneapolis attorney K. Davis Senseman did not immediately return a phone call seeking comment.
PedalPub is closed for the season, according to its voicemail message.
Among other things, Senseman’s letter says:
“PedalPub must demand that anyone who is using a name confusingly similar to its trademark cease using the infringing name immediately. If PedalPub does not police its mark(s), it risks losing them.”
Banter said he and Kleinhenz are now seeking advice from a trademark attorney on names fans have posted to Facebook or texted to 937-55-PEDAL.
“We don’t want to get another letter,” Banter said. “Who knew that picking a name for your business would be the hardest part?”
As this news organization first reported, Dayton City Commission approved an ordinance earlier this month that will allow pedal pub mobile alcohol establishments to operate in this city.
Banter and Kleinhenz’ company and Cincinnati-based Pedal Wagon are awaiting licenses.
Jack Heekin, the co-owner of Pedal Wagon, said despite what has been reported elsewhere, his company is a completely separate company from PedalPub.
He said the only connection is that PedalPub is the United States distributor for an European manufacturer of some of the 15-person pedal wagons Pedal Wagon buys.
“We are not going to do that to someone else,” Heeklin said of the cease and desist letter. “I honestly think competition makes for a better overall product.”
Launched five years ago, Pedal Wagon currently operates in Cincinnati and Columbus.
“At the end of the day, I want the company to do well and be a small part of a big picture of helping Dayton grow,” Heekin said. The end goal at the end of the day is to make more people come down and help out the businesses.”
Pedal Wagon will be stored at Dayton Beer Company on Madison St., while Banter and Kleinhenz’s company will be store its beer bike at nearby Warped Wing Brewery at Wyandot St.
Both companies plan to offer pedaling pub crawls and other events in downtown and the Oregon District.
Banter said he and Kleinhenz are eager to get their new name and get started.
He said there is no animosity against anyone over the name issue.
“We are not at war with them, so we are trying to coexist,” he said.
Several great names — many Dayton themed — have been submitted for consideration. Some examples: Wright Brews Bike Pub; Pints & Pedals; Sip n’ Cycle; The Traveling Tavern, Dayton Brewcycle, etc.
Banter said about five names are being considered with the help of the trademark attorney.
He joked about the Facebook post he’d write explain why certain names were not selected.
“There are so many good one,” he said. “Unfortunately they were so good we couldn’t use them (because they are trademarked).”