Judge Denies Motion to Dismiss Lawsuit Against Brewery

ERMA – A motion filed by Cape May Brewing Co. to dismiss a lawsuit claiming the local company stole the idea for “Shore Tea” was denied by Monmouth County Superior Court Judge Mara Zazzali-Hogan.
Cape May Brewing Co., which started as a backyard operation, was described in a Jan. 18 NJ.com article as a “major brewery.” 
The $10 million suit was filed by Jeff Plate, of Wall Township, an independent brewer and co-founder of Asbury Park Brewery. 
In Plate’s lawsuit, he said he developed a canned hard tea, named “Shore Tea,” about two years before a product with the same name was released by Cape May Brewing Co.
Attorneys for Cape May Brewing Co. filed a motion to dismiss all six counts of the claim naming the brewery, including a count naming Cape May Brewing Co. President Ryan Krill. The motions were denied Jan. 12.
Plate told NJ.com in a previous report that he had been working on his idea for “Shore Tea” since 2020 and had obtained a trademark registered with the U.S. Patent and Trademark Office.
Plate said he left Asbury Park Brewery in March 2022 and, last year, approached Cape May Brewing Co. with his idea. 
He said Cape May Brewing Co. declined his offer to work together on a “Shore Tea” project and then he later learned Cape May Brewing Co. had released a similar product under the name “Shore Tea.” 
Plate sent them a cease-and-desist letter, dated July 22, 2022. Plate included Wawa in the letter because the convenience store chain was carrying “Shore Tea” in its beer stores. 
Wawa and Cape May Brewing Co. issued a joint press release July 18, 2022, announcing the collaboration at Wawa’s newest beer store in Langhorne, Pennsylvania.
NJ.com received a statement from Cape May Brewing Co. last summer, saying, “Any claims that the Peach Shore Tea product, name, branding or packaging were developed in imitation from any third party are groundless.”
The $10 million lawsuit for damages for breach of contract and violation of trade secrets will go to trial, NJ.com reported.