News & Analysis as of

Beer Likelihood of Confusion

McDermott Will & Emery

Taking the High Road: Ambiguity Regarding “Versions” of Beer Precludes Summary Judgment

The US Court of Appeals for the Second Circuit affirmed a district court’s summary judgment denial and determination that the definition of “beer” (which encompassed “other versions and combinations” of beer and malt...more

Shumaker, Loop & Kendrick, LLP

Intellectual Property Law News Alert: Craft Brewer Stone Brewing Co. wins $56 Million Jury Verdict for Trademark Infringement...

A jury awarded a $56 million verdict for trademark infringement to an independent craft brewer against the world’s fifth largest beer company on March 25, 2022. The verdict highlights the damage to a smaller business when a...more

Harris Beach PLLC

Choosing Your Brewery/Beer Names and Trademark Searching

Harris Beach PLLC on

There are several grounds upon which an application for a federal trademark can be rejected, and I will discuss a couple of them here. One important ground is known as mere descriptiveness. One is not permitted to register a...more

Foley Hoag LLP - Making Your Mark

Restating the Obvious: Beer and Wine are Related Goods for Trademark Purposes, Except when They Aren’t

Beer and wine are related goods for trademark purposes. Right? We’ve seen that truism announced by the Trademark Trial and Appeal Board (TTAB) time and time again. So, do you really have to prove it from scratch in every...more

Smith Debnam Narron Drake Saintsing & Myers,...

What’s In a Name: The Bell’s v. Innovation Trademark Naming Dispute

Selecting a unique, memorable, and descriptive name for your next beer release is becoming a daunting task in the increasingly-crowded craft brewing landscape. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | September 2017

Shook Partners Lindsey Heinz and Katie Gates Calderon, with Associate Hillary Nicholas, have authored an article for Law360 discussing regulations related to the use of photography during a U.S. Food and Drug Administration...more

Fish & Richardson

Similar Marks Used for Wine & Beer – Confusing or Not?

Fish & Richardson on

After a few of either, the likelihood of confusion may no doubt increase. But in a recent sober judgment, the U.S. Trademark Office ruled that REUBEN’S BREWS for beer is not likely to be confused with RUBENS for wine....more

Weintraub Tobin

Pacifico Defends its Trademark Rights on Canadian Soil

Weintraub Tobin on

Another intellectual property dispute has arisen in the brewing industry. This time, however, the battle took place on Canadian soil. British Columbia based Pacific Western Brewing (“PWB”) sued renowned Mexican brewery...more

Knobbe Martens

Trademark Review | September 2015

Knobbe Martens on

The TTAB Finds Confusion Between WINEBUD Wine and BUD Beer The Trademark Trial and Appeal Board (TTAB) found that Applicant’s mark WINEBUD for wine is confusingly similar to Anheuser-Busch’s (“AB”) BUD mark. The TTAB...more

Foley Hoag LLP - Trademark, Copyright &...

A Trademark Year in Wine and Beer: Our 2014 Holiday Buyer’s Guide to Disputed Beverages

If you are hosting or attending a party this holiday season, you probably need to pick up something to drink. This year, why not pick up a conversation starter as well? See if your local liquor store (in our neck of the...more

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