Updated:
Original:

Hammer-Schlagen inventors are suing another Minnesota bar

The company says The Lumberjack is offering the game without the proper licensing.

The company that owns the trademark for the popular bar game Hammer-Schlagen has sued a Stillwater ax-throwing bar. 

The lawsuit from WRB alleges The Lumberjack and its owner Sara Jesperson engaged in “unlawful, unfair or fraudulent business acts of unfair competition" when it used the Hammer-Schlagen game without authorization. 

WRB says The Lumberjack had a one-year license agreement to have Hammer-Schlagen at its facility, and when WRB sent the bar a renewal offer in December 2020 for the license that was set to expire on Feb. 2, the Lumberjack rejected it. 

Then in June, WRB CEO Jim Martin observed people playing Hammer-Schlagen at The Lumberjack after hearing that the bar was offering the game earlier in the day.

"The patrons playing Hammer-Schlagen identified the game by name," the lawsuit states, adding that employees asked Martin to play the game by name. "It offered the service for $2 per game per person."

The lawsuit also says the Lumberjack has been offering Hammer-Schlagen since it reopened in 2021, and a virtual tour on its website shows two Hammer-Schlagen games. 

Bring Me The News has reached out to The Lumberjack for comment. 

This is the latest lawsuit WRB has filed against a Minnesota establishment for offering a Hammer-Schlagen game in violation of the company's trademark. In December 2020, WRB sued Schram Haus Brewery in Chaska, accusing it of counterfeiting the Hammer-Schlagen stump. They settled in March

Related [March 15]: Hammer-Schlagen owners settle with brewery in stump trademark lawsuit

On Hammer-Schalgen's website, there is a prominent warning about the trademark the company has, noting the unauthorized use or reproduction of the game is prohibited. 

Hammer-Schlagen's story

Hammer-Schlagen bargoers are familiar with today has Germanic roots, Hammer-Schlagen's website says. Carl Schoene grew up playing a nail game with his friends in Germany where they'd take turns swinging an ax at a single nail the was pounded into something (old tire, a wall, the side of a tree), and the last one to finish had to do a dare of sorts.

When Schoene moved to St. Paul with his family in 1957, he modified the game to use a cross-peen hammer instead of an ax and each player was given their own nail, which was driven into the perimeter of a tree stump.

Schoene would challenge people to "Nagelspiel" at his family's restaurant, Gasthaus Bavarian Hunter, in an attempt to sell more beer, with the loser of the game bound to buy a round for the winners.

Schoene's father-in-law Mike Wlaschin took over the game in the 1980s, standardizing it and renaming it Hammer-Schlagen. He also changed the goal to be the first to pound in one's own nail, with each player getting one swing per turn before passing the hammer to the next player.

The brand started to expand and in 1999, WRB Inc. was formed and it got a trademark for the game. Since then, the nail driving competition has appeared at music festivals, fairs, bars and other events throughout the U.S.

Next Up

Wikimedia Commons - COVID vaccine, pfizer, shot - Martin G

Pfizer booster shots immediately available for select Minnesotans

118 fully vaccinated Minnesotans have died from COVID-19.

Gisela Medina Sherburne County Jail - 2021.09.23 - crop 2

19-year-old charged alongside Anton Lazzaro pleads not guilty

She's accused of helping the GOP operative traffic underage girls.

Dalvin Cook

Dalvin Cook misses Vikings practice on Friday

Cook suffered an ankle injury during the Cardinals game.

GetMedia (1)

Gallery: Historic church renovated into home is yours for $248,000

The church-turned-home offers an open floor plan in the heart of Howard Lake.

Rep. Glenn Gruenhagen  - YouTube screengrab

MN GOP Rep. spreads voted fraud disinformation, draws rebuke from SoS

The lawmaker cited a video claiming there are more than 1.2 million "missing" votes.

st. paul shooting

Witnesses help identify suspect in St. Paul shooting

The shooting happened near a gas station and bus shelter Thursday just before 1 p.m.

coronavirus

Minnesota's COVID-19 update for Friday, September 24

The next update will be issued on Monday and include data reported on Friday.

ambulance

Man, 24, fatally struck by semi backing onto highway in western MN

The victim was from Waite Park, the State Patrol says.

clean energy solar panels

Climate change: What experts say you should lobby your politicians about

Collective action is required to achieve the scale of change that's needed.

derek chauvin

Derek Chauvin is appealing his conviction of murdering George Floyd

He's representing himself because he doesn't have money to hire an attorney.

James Blue

Murder charges filed in crash that killed Mack Motzko, Sam Schuneman

The 51-year-old Orono man is accused of being drunk and driving nearly 100 mph.

Aleksandre Sambelashvili

Golden Valley man found guilty of 2019 bar murder of Medtronic employee

Erik Kravchuk was convicted in Hennepin County Court Thursday.

Related

hammer-schlagen

Hammer-Schlagen owners settle with Stillwater bar over trademark lawsuit

A judge recently ruled the bar continued to use the game after their license for it expired.

hammer-schlagen

Hammer-Schlagen owners settle with brewery in stump trademark lawsuit

The brewery was playing their own version of the game, which violated trademark laws, a judge recently ruled.

MyPillow

After being sued, MyPillow is now suing Dominion Voting Systems

The company's lawsuit claims the voting system suppressed free speech and hurt its business relationships.

Minnesota fights back on opioid crisis – by suing big pharma

20 counties are suing pharmaceutical companies that distribute opioids.

plow camera

Expect slow afternoon commute as snow hammers down

NWS says roads could be slippery, so slow down and use caution when driving.

Minnesota Rollerblade inventor hangs on to another idea

The Minnesota man who invented Rollerblades rolls out a new product. Scott Olson’s new SkyRide invention is an outdoor exercise machine rides on a single overhead track.