DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Liquor

Is Foster’s Australian for False Advertising?

Posted in Advertising, False Advertising, Food, Law Suits, Trademarks, USPTO

While trademark infringement is the headliner for claims brought under the Lanham Act, the law also precludes false advertising and unfair competition. Most states also have laws addressing deceptive trade practices addressing similar misconduct by advertisers. Recently one consumer sued MillerCools under these laws, claiming he had been deceived into purchasing Fosters beer, thinking the… Continue Reading

Jager Fears the Deer: Brand Refresh Turns Into Battle

Posted in Almost Advice, Branding, Famous Marks, Trademarks, TTAB

The word “Jägermeister” conjures up memories (or maybe lapses in memory) for many.  I have only had the German liqueur in the beautiful blue-collar town of Milwaukee, WI – home of my college alma mater.  While you would never catch me ordering the liqueur, I was fascinated by the cool and well-lit dispensing machine behind… Continue Reading

The USPTO Says “Yes” But the TTB Says “No” To LSD

Posted in Almost Advice, Branding, First Amendment, Idea Protection, Marketing, Product Packaging, Trademarks, USPTO

Government approval of commercial speech has been a hot topic of discussion by trademark nerds here and elsewhere in light of recent decisions regarding the Redskins and The Slants marks.  As those decisions proceed up through the appeal channels to the Supreme Court, attention has been drawn to whether or not a trademark registration certificate… Continue Reading

Consent or Not, No Trademark Registration for Brewer’s TIME TRAVELER BLONDE Mark

Posted in Agreements, Almost Advice, Branding, Product Packaging, Trademarks, TTAB, USPTO

When an application has been refused registration in view of another’s prior filed mark, one way to resolve the issue is through a consent agreement wherein the registrant consents to the registration and the parties set out the reasons why the parties believe that there is no likelihood of consumer confusion between the marks.  A… Continue Reading

What is Maker’s Mark’s Mark?

Posted in Branding, Famous Marks, Product Packaging, Sight, Trademarks

–Sharon Armstrong, Attorney Last Friday, a federal court in Kentucky ruled that Fortune Brands, the maker of Maker’s Mark bourbon, enjoys exclusive rights in the dripping wax seal that adorns each bottle of the spirit. (You can read about the case in earlier stages in Dan’s post, here.). Fortune had sued Diageo, another beverage giant and maker… Continue Reading