22 Comments

  1. Seth
    February 28, 2013 @ 6:05 pm

    Crisis over. The Carlsbad sign now says 83 degrees. Simple as switching the numbers.

  2. Gossip
    February 26, 2013 @ 10:38 pm

    Mayur is a raging alcoholic…and obviously not very creative. Trying to strong arm your own employees is one thing…but trying to strong arm someone else’s business out of greed? That’s not what I would call easy going behavior. What a joke. I’m sure it will go the same way as catch, straight down the drain. Somebody should audit this guy.

  3. LM
    February 26, 2013 @ 6:31 am

    DISAPPOINTING!

    “Short Cuts” going into a business venture will only produce another failure like the one that he closed “Catch Restaurant”.

  4. steve rodriguez
    February 24, 2013 @ 9:13 pm

    So a patron in Carlsbad that has no idea about 38 Degrees in Los Angeles is going to somehow get them confused. I doubt it. I’m a big craft beer guy in San Diego and I’ve never even heard of the other 38 Degrees. Why? Because it’s in freaking LA. You all are ridiculous and making a big deal about nothing. And you are all assuming that he had bad intentions. The guy runs a French joint, I highly doubt he had any clue about this other place. When I walk in to Burger Palace in San Diego, I don’t relate it at all to the one in NY, why?, because they are two different places. Stop being petty and trying to ruin another small business owner.

  5. Bron DAngelo
    February 21, 2013 @ 6:51 pm

    There is legal recourse. It sounds as though trade dress is binging infringed upon at the very least. Its important that the craft beer community try to protect its good name…but it can be expensive to stop. The problem becomes when people realize that and try to abuse the good name of the business because nobody fights it.

  6. Jessica Rice
    February 20, 2013 @ 5:53 pm

    I can’t help but feel that Carlsbad is just trying to take advantage of 38 degrees and the good reputation. That’s not fair to the consumer. Be original and come-up with your own stuff people! I personally don’t want to go to the cheap rip-off of 38 degrees and want to OG version so hence I won’t be going to the one in Carlsbad. Why don’t they just name it Blue Palms Carlsbad or Library Ale House Carlsbad or Beachwood BBQ Carlsbad? It’s pretty pathetic.

  7. BK
    February 19, 2013 @ 11:55 pm

    You don’t normally put the name of the city your establishment is in unless theres another one associated with it some where else. Just the fact that they’re putting “Carlsbad” after 38 Degrees makes it even more confusing.

  8. scorpio
    February 19, 2013 @ 9:14 pm

    Steve Rodriguez, don’t be a douche. If you spent years building a reputation, and someone tries to steal that reputation by stealing your name, it doesn’t matter if you’re 100 miles away in different markets. When patrons google 38 degrees, they’re gonna assume that 38 degrees- Carlsbad is associated with Alhambra, just like Pizza Port San Clemente and Pizza Port Carlsbad???…..ridiculously stupid response Steve…..

  9. Penny
    February 19, 2013 @ 6:29 pm

    I go to Carlsbad from time to time in search of beer and beach. I will not be a patron of that restaurant. I might go picket for awhile before and after I eat and drink a lot at Pizza Port.

  10. Steve
    February 19, 2013 @ 4:28 pm

    Could you please send me Mr. Pavagahdi’s contact information? I’d like to let him know that I will be informing my distributor to not sell my brands to his establishment until the time that he comes up with a more unique, not so confusing name that might confuse my potential customers.

  11. josh
    February 19, 2013 @ 3:55 pm

    Totally agree with Patrick.

    Pavagadhi’s history and pettifogging responses in this article are indicative of a money hungry scumbag with no real passion for the business he’s putting up – whether it were a beer bar, pet store (or something that would fit closer to home) a mall cart selling fake purses.

    My beef is that I do have a feeling his idea of a craft beer bar is selling shock top and blue moon with happy hour being $5 bud light and PBR;and he’ll charge $2 extra for corona and heineken because they’re “imports”. Chimay is “special” and will only cost you $20/bottle. As for food, since he’s already on a bandwagon, he’ll have (fake) kobe sliders and korean tacos. ….

    Those types of places really are becoming copy/paste. makes me sick. Completely confuses people as to what real craft beer is. And in such a craft brewing mecca as Southern California, this shouldn’t be happening.

    It would be wild, however, if pavagadhi really does concentrate and make a beer bar that has a fine line up of craft beers from breweries all over the state and beyond, and does a decent menu of good and reasonably priced food. But then he’d probably have a carbon copy of 38 degrees alhambra

  12. ed k
    February 19, 2013 @ 3:31 pm

    The guy in Carlsbad seems like the typical stereotype of a shady business man. Let him open up a “McDonalds – Carlsbad” restaurant and see what happens. Ha! So instead he picks on a small business that has a very good reputation in the craft beer community, trying to profit off the assumption that people are going to make that the two are related.

    We the people of the craft beer community are a pretty intelligent and cohesive group on average and it is up to us to educate the non beer geek masses that the Carlsbad location is a pirate and should not be patronized. If you are in Carlsbad and wish to have a craft beer, may I suggest visiting Pizza Port. When the snake goes out of business, hopefully he will learn his lesson.

  13. Damo
    February 19, 2013 @ 3:23 pm

    Is this guy serious?! ”Craft beer is obviously a very popular market and decided this would be a great venture to get into.” WOW. You know what? My normal daily business consists of being a bee hiver, but this fast food thing sounds popular! So I’m going to open a fast food place with a drive thru and call it Burger King Los Angeles! Aren’t I the master of originality??? 😀

    What a Delta Bravo.

  14. David
    February 19, 2013 @ 2:26 pm

    Don;t we have two unrelated restaurants 100 feet from each other both using the name “Knockout”in their title?

    What about West Bistro (a high end restaurant) and West Buffet (a low end, all-you-can-eat) restaurant.

    If 38 Degrees has the same execution as Paon and The Catch, I wouldn’t worry about them long term.

  15. Patrick
    February 19, 2013 @ 2:11 pm

    I’m bummed because the neighborhood needs something new in this space. Catch was an aesthetic and (apparently) a business failure. Horrific brand, and expensive (for the neighborhood and sheer size and vibe of the space). This feels like a trend play, to try and recover the investment in the space. And a bit disingenuous from the owner’s tone. The fact they’re hanging their hat on craft beer to a certain extent, and have already alienated an established member of that community is not a good start. We’ll have to see how well planned, executed and priced the menu is.

  16. steve rodriguez
    February 15, 2013 @ 7:52 pm

    This is ridiculous. You are talking about 2 establishment 100 mules apart and in two different major metropolitan areas. The one in Carlsbad is not going to be a brewery, don’t know where that came from. Everyone needs to calm down and realize that 38 degrees is a common thing in the beer world. Leave a small business owner alone and understand from what it seems no one was trying to do anything wrong here.

  17. Montanaandy
    February 14, 2013 @ 8:53 pm

    This is another instance of what is becoming a rather common occurrence and an alarming trend in the craft brewing world – micro/craft brewery opens up, becomes successful and is sued for either trademark infringement or in this instance has their name misappropriated but has no legal recourse. Ultimately the brewery has to hire lawyers in an attempt to clean up the mess which could have been avoided if the name/trademark issue had initially been investigated and dealt with.

    We saw this in Denver with the situation involving Strange Brewing/Strange Brew Homebrew Shop from out East recently. This only ended well for Strange Brew because of the groundswell of local and national support, but I see this as the exception and not the rule in the future.

    It puzzles me that someone or a group of individuals that are going through all of the time/expense of opening a brewery would go through all of the prep work necessary to open a brewery but won’t take the time and won’t spend a few more dollars to hire an attorney and trademark their name, copyright their logo, etc. This should be the first order of business before anything else.

    There was a thread on another blog recently about a guy in the process of opening “Crooked Run” brewing. I commented that this name was very close (too close if you ask me) to “Crooked Stave”/Chad Jacobsen’s brewery in Denver. I also stated that the first thing that they should do before they go any further is to get clearance (in writing) from Chad that it is all right to use “Crooked” in the brewery name (I am assuming that Crooked Stave has trademarked their name but who knows).

  18. johnfoster
    February 14, 2013 @ 3:01 pm

    it’s pretty easy to figure this out… 38° Ale House has first use rights whether they registered the trademark or not. if people show ANY kind of confusion about the brand, ie ending up at one place when they meant the other then a judge or arbitration panel will rule against the newer business.

    second, if the other guys register the mark it can be contested simply by the owner saying, “we’ve been in business continuously since 199X here are some sales reciepts that prove that.” done. they don’t get the mark.

  19. Mitz Y Tops
    February 14, 2013 @ 2:59 pm

    There must be legal precedent. Can you say “cease and desist?” Arf.

  20. SNB
    February 14, 2013 @ 2:11 pm

    I hate to use the term but this Mayur Pavagadhi guy really does come off as a snake

    “I spoke with the owner of 38 Degrees in Alhambra, and told him that if it was his mark, he should have registered it.”

    What an Ass-hat

  21. Blake
    February 14, 2013 @ 1:13 pm

    It’s a shame Clay hadn’t registered 38 degrees as a trademark. When I heard about this last night, I googled 38 degrees thinking it would be a pretty common name for a beer bar/ale house and only Alhambra came up, so clearly, it seems 38 degrees Carlsbad is trying to play off of that name. Hopefully it doesn’t have to go the legal route, but Carlsbad should definitely change the name to something at least a little original.

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