UPDATE: Cape May Brewing Has Responded To The Trademark Accusations

By now you are undoubtedly familiar with the Cape May Brewing and Wawa collaboration known as “Shore Tea”. A Hard iced tea that was brewed by the New Jersey brewery, but found most of the initial offering in Pennsylvania at a variety of Wawa locations throughout the state.

Two weeks after the initial release and it would appear that the name “Shore Tea” is a violation of an existing trademark from a former New Jersey craft brewery. The individual with the trademark claims that not only did the brewery and convenience stores violate an active trademark but that he presented Cape May Brewing with the idea for the hard tea, months before the initial release.

In an Instagram post from July 29th, user Jeff Plate claims that he originally presented Cape May with the idea for a hard iced tea named “Shore Tea” back in May of this year.

Plate claims that he created the Shore Tea brand almost two years prior and solicited the concept to Cape May earlier in 2022. Plate, who is also co-founder of Asbury Park Brewery and an attorney, began developing the Shore Tea concept in 2020. But as the COVID pandemic shutdowns impacted his then-owned business he refocused on his core brands while continuing to refine Shore Tea. “When the shutdowns hit, it was a tough time to innovate or launch new products. We really needed to circle the wagons and make sure our flagship beers stayed on the shelves,” said Plate in a press release.

A search through the United States Patent and Trademark Office does in fact verify a Live trademark filed by Plate for the “Shore Tea” name for use under “Alcoholic malt beverages, except beers” on May 17th, 2022. (Screenshot of the filing below).

Having trademarked Shore Tea, designed branding and packaging materials, and securing a website, Plate felt confident soliciting Cape May Brewing as a potential partner in launching the hard iced tea. Cape May agreed to receive confidential information in mid-May to open discussions.  “I thought their company would be a good fit, and believing I was protected, I sent them all of the confidential information regarding the concept and branding for Shore Tea,” said Plate. Plate states that in late May, after reviewing the confidential concept and branding for Shore Tea, he was informed by email that Cape May would not be proceeding with his product. “I thanked them for their time and wished them good luck,” remarked Plate.

In Instagram comments, as well as a Reddit thread on the matter, Plate is not claiming that he was the inspiration behind this collaboration, as a project like this would take a significant amount of time to brew and launch. However, he is claiming that Cape May brewing was knowingly presented with the “Shore Tea” concept well before the official launch of this product and was aware of its trademarked status.

We reached out to both Cape May Brewing and Wawa but as of this writing have not heard back in response. Plate confirmed that he has issued a cease-and-desist letter to Cape May Brewing and Wawa. He went on to say that this is a matter between himself and the brewery and that “Asbury Park Brewery is not affiliated with Shore Tea and has no part of the current legal action.” We will continue to update as more information is available.