News & Analysis as of

Trademark Registration Wine & Alcohol Intellectual Property Protection

Weintraub Tobin

(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

Weintraub Tobin on

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie...more

Weintraub Tobin

The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

Weintraub Tobin on

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie...more

Whitcomb Selinsky, PC

Speymalt Whisky Distributors Ltd. Trademark Dispute Over 'The Cairn'

Whitcomb Selinsky, PC on

Speymalt Whisky Distributors Ltd., a prominent name in the spirits industry, sought to register "The Cairn" as a trademark for its range of high-quality Scotch whisky and whisky-based liqueurs. This application aimed to...more

Seyfarth Shaw LLP

A Tableau of Consumer Confusion – Are Alcohol Beverages and Bar Services Always Related?

Seyfarth Shaw LLP on

A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in...more

Ward and Smith, P.A.

The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 1

Ward and Smith, P.A. on

In addition to all its natural beauty and opportunities for outdoor recreation, Western North Carolina has more lately become known for its abundance of excellent craft breweries. ...more

Akerman LLP - Marks, Works & Secrets

How Many Types of Wines Are There: BIG SIX? Really?

The Trademark Trial and Appeal Board recently affirmed the refusal to register a trademark application for BIG SIX for wine on the ground that the term is generic or descriptive of wines. In re Plata Wine Partners, LLC,...more

Bradley Arant Boult Cummings LLP

Distilling the Relatedness of Spirits, Wines and Beer – The Lack of a Bright-Line Rule - Food, Beverage & Hospitality Alert

The alcohol industry has seen a veritable explosion in trademark filings from craft and independent brewers, distillers and wineries. This upsurge means trademarks are coming into conflict more and more often in the...more

Akerman LLP - Marks, Works & Secrets

Making Tequila and Pisco Shots Safe From Confusion

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) cancelled the registration for the mark PORTÓN last week, finding it to be confusingly similar to the senior mark PATRÓN. Patrón...more

Lewitt Hackman

Craft Brewers Scrap Over Catchy Names

Lewitt Hackman on

The craft-beer industry is running low on names. There are more than 4,600 craft breweries in the U.S. – California leading the nation with over 500, according to the Brewer’s Association....more

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